I 

118TH CONGRESS 

2D SESSION H. R. 10034 

To secure the border and reform the immigration laws, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 25, 2024 

Mr. DUARTE introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland 

Security, Ways and Means, Foreign Affairs, and House Administration, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To secure the border and reform the immigration laws, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Border Security and Immigration Reform Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

DIVISION A—BORDER SECURITY 


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Sec. 101. Definitions. 

Sec. 102. Border wall construction. 

Sec. 103. Strengthening the requirements for barriers along the southern border. 

Sec. 104. Border and port security technology investment plan. 

Sec. 105. Border security technology program management. 

Sec. 106. U.S. Customs and Border Protection technology upgrades. 

Sec. 107. U.S. Customs and Border Protection personnel. 

Sec. 108. Anti-Border Corruption Act reauthorization. 

Sec. 109. Establishment of workload staffing models for U.S. Border Patrol 

and Air and Marine Operations of CBP. 

Sec. 110. Operation Stonegarden. 

Sec. 111. Air and Marine Operations flight hours. 

Sec. 112. Border patrol strategic plan. 

Sec. 113. U.S. Customs and Border Protection spiritual readiness. 

Sec. 114. Restrictions on funding. 

Sec. 115. Collection of DNA and biometric information at the border. 

Sec. 116. Eradication of narcotic drugs and formulating effective new tools to 

address yearly losses of life; ensuring timely updates to U.S. 

Customs and Border Protection field manuals. 

Sec. 117. Publication by U.S. Customs and Border Protection of operational 

statistics. 

Sec. 118. Alien criminal background checks. 

Sec. 119. Prohibited identification documents at airport security checkpoints; 

notification to immigration agencies. 

Sec. 120. Prohibition against any COVID–19 vaccine mandate or adverse action against DHS employees. 

Sec. 121. CBP One app limitation. 

Sec. 122. Report on Mexican drug cartels. 

Sec. 123. GAO study on costs incurred by States to secure the southwest border. 

Sec. 124. Report by Inspector General of the Department of Homeland Security. 

Sec. 125. Offsetting authorizations of appropriations. 

Sec. 126. Report to Congress on foreign terrorist organizations. 

Sec. 127. Assessment by Inspector General of the Department of Homeland Security on the mitigation of unmanned aircraft systems at the 

southwest border. 

DIVISION B—IMMIGRATION ENFORCEMENT AND FOREIGN 

AFFAIRS 

TITLE I—ASYLUM REFORM AND BORDER PROTECTION 

Sec. 101. Safe third country. 

Sec. 102. Credible fear interviews. 

Sec. 103. Clarification of asylum eligibility. 

Sec. 104. Exceptions. 

Sec. 105. Employment authorization. 

Sec. 106. Asylum fees. 

Sec. 107. Rules for determining asylum eligibility. 

Sec. 108. Firm resettlement. 

Sec. 109. Notice concerning frivolous asylum applications. 

Sec. 110. Technical amendments. 

Sec. 111. Requirement for procedures relating to certain asylum applications. 


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TITLE II—BORDER SAFETY AND MIGRANT PROTECTION 

Sec. 201. Inspection of applicants for admission. 

Sec. 202. Operational detention facilities. 

TITLE III—PREVENTING UNCONTROLLED MIGRATION FLOWS IN 

THE WESTERN HEMISPHERE 

Sec. 301. United States policy regarding Western Hemisphere cooperation on 

immigration and asylum. 

Sec. 302. Negotiations by Secretary of State. 

Sec. 303. Mandatory briefings on United States efforts to address the border 

crisis. 

TITLE IV—ENSURING UNITED FAMILIES AT THE BORDER 

Sec. 401. Clarification of standards for family detention. 

TITLE V—PROTECTION OF CHILDREN 

Sec. 501. Findings. 

Sec. 502. Repatriation of unaccompanied alien children. 

Sec. 503. Special immigrant juvenile status for immigrants unable to reunite 

with either parent. 

Sec. 504. Rule of construction. 

TITLE VI—VISA OVERSTAYS PENALTIES 

Sec. 601. Expanded penalties for illegal entry or presence. 

TITLE VII—IMMIGRATION PAROLE REFORM 

Sec. 701. Immigration parole reform. 

Sec. 702. Implementation. 

Sec. 703. Cause of action. 

Sec. 704. Severability. 

TITLE VIII—DIGNITY PROGRAM 

Sec. 801. Establishment. 

Sec. 802. Eligibility. 

Sec. 803. Registration; departure. 

Sec. 804. Program participation. 

Sec. 805. Completion. 

DIVISION C—AGRICULTURAL WORKER PROGRAM 

TITLE I—PROGRAM FOR EARNED STATUS ADJUSTMENT OF 

AGRICULTURAL WORKERS 

Sec. 101. Short title. 

Sec. 102. Blue card status. 

Sec. 103. Adjustment to permanent resident status. 

Sec. 104. Use of information. 

Sec. 105. Reports on blue cards. 

Sec. 106. Authorization of appropriations. 

TITLE II—CORRECTION OF SOCIAL SECURITY RECORDS 


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Sec. 201. Correction of Social Security records. 

TITLE III—DEFINITIONS 

Sec. 301. Definitions. 

DIVISION D—SAVE ACT 

Sec. 101. Short title. 

Sec. 102. Ensuring only citizens are registered to vote in elections for Federal 

office. 

Sec. 103. Election Assistance Commission guidance. 

Sec. 104. Inapplicability of Paperwork Reduction Act. 

Sec. 105. Duty of Secretary of Homeland Security to notify election officials of 

naturalization. 

Sec. 106. Rule of construction regarding provisional ballots. 

Sec. 107. Rule of construction regarding effect on State exemptions from other 

Federal laws. 

Sec. 108. Effective date. 

1 DIVISION A—BORDER SECURITY 

2 SEC. 101. DEFINITIONS. 

3 In this division: 

4 (1) CBP.—The term ‘‘CBP’’ means U.S. Cus5 toms and Border Protection. 

6 (2) COMMISSIONER.—The term ‘‘Commis7 sioner’’ means the Commissioner of U.S. Customs 

8 and Border Protection. 

9 (3) DEPARTMENT.—The term ‘‘Department’’ 

10 means the Department of Homeland Security. 

11 (4) OPERATIONAL CONTROL.—The term ‘‘oper12 ational control’’ has the meaning given such term in 

13 section 2(b) of the Secure Fence Act of 2006 (Public 

14 Law 109–367; 8 U.S.C. 1701 note). 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Homeland Security. 


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1 (6) SITUATIONAL AWARENESS.—The term ‘‘sit2 uational awareness’’ has the meaning given such 

3 term in section 1092(a)(7) of the National Defense 

4 Authorization Act for Fiscal Year 2017 (Public Law 

5 114–328; 6 U.S.C. 223(a)(7)). 

6 (7) UNMANNED AIRCRAFT SYSTEM.—The term 

7 ‘‘unmanned aircraft system’’ has the meaning given 

8 such term in section 44801 of title 49, United 

9 States Code. 

10 SEC. 102. BORDER WALL CONSTRUCTION. 

11 (a) IN GENERAL.— 

12 (1) IMMEDIATE RESUMPTION OF BORDER WALL

13 CONSTRUCTION.—Not later than seven days after 

14 the date of the enactment of this Act, the Secretary 

15 shall resume all activities related to the construction 

16 of the border wall along the border between the 

17 United States and Mexico that were underway or 

18 being planned for prior to January 20, 2021. 

19 (2) USE OF FUNDS.—To carry out this section, 

20 the Secretary shall expend all unexpired funds ap21 propriated or explicitly obligated for the construction 

22 of the border wall that were appropriated or obli23 gated, as the case may be, for use beginning on Oc24 tober 1, 2019. 


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1 (3) USE OF MATERIALS.—Any unused materials 

2 purchased before the date of the enactment of this 

3 Act for construction of the border wall may be used 

4 for activities related to the construction of the bor5 der wall in accordance with paragraph (1). 

6 (b) PLAN TO COMPLETE TACTICAL INFRASTRUC7 TURE AND TECHNOLOGY.—Not later than 90 days after 

8 the date of the enactment of this Act and annually there9 after until construction of the border wall has been com10 pleted, the Secretary shall submit to the appropriate con11 gressional committees an implementation plan, including 

12 annual benchmarks for the construction of 200 miles of 

13 such wall and associated cost estimates for satisfying all 

14 requirements of the construction of the border wall, in15 cluding installation and deployment of tactical infrastruc16 ture, technology, and other elements as identified by the 

17 Department prior to January 20, 2021, through the ex18 penditure of funds appropriated or explicitly obligated, as 

19 the case may be, for use, as well as any future funds ap20 propriated or otherwise made available by Congress. 

21 (c) DEFINITIONS.—In this section: 

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means the Committee on Homeland Secu25 rity and the Committee on Appropriations of the 


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1 House of Representatives and the Committee on 

2 Homeland Security and Governmental Affairs and 

3 the Committee on Appropriations of the Senate. 

4 (2) TACTICAL INFRASTRUCTURE.—The term 

5 ‘‘tactical infrastructure’’ includes boat ramps, access 

6 gates, checkpoints, lighting, and roads associated 

7 with a border wall. 

8 (3) TECHNOLOGY.—The term ‘‘technology’’ in9 cludes border surveillance and detection technology, 

10 including linear ground detection systems, associated 

11 with a border wall. 

12 SEC. 103. STRENGTHENING THE REQUIREMENTS FOR BAR13 RIERS ALONG THE SOUTHERN BORDER. 

14 Section 102 of the Illegal Immigration Reform and 

15 Immigrant Responsibility Act of 1996 (Division C of Pub16 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

17 (1) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se20 curity shall take such actions as may be necessary (includ21 ing the removal of obstacles to detection of illegal en22 trants) to design, test, construct, install, deploy, integrate, 

23 and operate physical barriers, tactical infrastructure, and 

24 technology in the vicinity of the southwest border to 

25 achieve situational awareness and operational control of 


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1 the southwest border and deter, impede, and detect unlaw2 ful activity.’’; 

3 (2) in subsection (b)— 

4 (A) in the subsection heading, by striking 

5 ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in6 serting ‘‘PHYSICAL BARRIERS’’; 

7 (B) in paragraph (1)— 

8 (i) in the heading, by striking ‘‘FENC9 ING’’ and inserting ‘‘BARRIERS’’; 

10 (ii) by amending subparagraph (A) to 

11 read as follows: 

12 ‘‘(A) REINFORCED BARRIERS.—In carrying 

13 out this section, the Secretary of Homeland Se14 curity shall construct a border wall, including 

15 physical barriers, tactical infrastructure, and 

16 technology, along not fewer than 900 miles of 

17 the southwest border until situational aware18 ness and operational control of the southwest 

19 border is achieved.’’; 

20 (iii) by amending subparagraph (B) to 

21 read as follows: 

22 ‘‘(B) PHYSICAL BARRIERS AND TACTICAL

23 INFRASTRUCTURE.—In carrying out this sec24 tion, the Secretary of Homeland Security shall 

25 deploy along the southwest border the most 


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1 practical and effective physical barriers, tactical 

2 infrastructure, and technology available for 

3 achieving situational awareness and operational 

4 control of the southwest border.’’; 

5 (iv) in subparagraph (C)— 

6 (I) by amending clause (i) to 

7 read as follows: 

8 ‘‘(i) IN GENERAL.—In carrying out 

9 this section, the Secretary of Homeland 

10 Security shall consult with the Secretary of 

11 the Interior, the Secretary of Agriculture, 

12 appropriate representatives of State, Trib13 al, and local governments, and appropriate 

14 private property owners in the United 

15 States to minimize the impact on natural 

16 resources, commerce, and sites of historical 

17 or cultural significance for the commu18 nities and residents located near the sites 

19 at which physical barriers, tactical infra20 structure, and technology are to be con21 structed. Such consultation may not delay 

22 such construction for longer than seven 

23 days.’’; and 

24 (II) in clause (ii)— 


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1 (aa) in subclause (I), by 

2 striking ‘‘or’’ after the semicolon 

3 at the end; 

4 (bb) by amending subclause 

5 (II) to read as follows: 

6 ‘‘(II) delay the transfer to the 

7 United States of the possession of 

8 property or affect the validity of any 

9 property acquisition by the United 

10 States by purchase or eminent do11 main, or to otherwise affect the emi12 nent domain laws of the United States 

13 or of any State; or’’; and 

14 (cc) by adding at the end 

15 the following new subclause: 

16 ‘‘(III) create any right or liability 

17 for any party.’’; and 

18 (v) by striking subparagraph (D); 

19 (C) in paragraph (2)— 

20 (i) by striking ‘‘Attorney General’’ 

21 and inserting ‘‘Secretary of Homeland Se22 curity’’; 

23 (ii) by striking ‘‘this subsection’’ and 

24 inserting ‘‘this section’’; and 


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1 (iii) by striking ‘‘construction of 

2 fences’’ and inserting ‘‘the construction of 

3 physical barriers, tactical infrastructure, 

4 and technology’’; 

5 (D) by amending paragraph (3) to read as 

6 follows: 

7 ‘‘(3) AGENT SAFETY.—In carrying out this sec8 tion, the Secretary of Homeland Security, when de9 signing, testing, constructing, installing, deploying, 

10 integrating, and operating physical barriers, tactical 

11 infrastructure, or technology, shall incorporate such 

12 safety features into such design, test, construction, 

13 installation, deployment, integration, or operation of 

14 such physical barriers, tactical infrastructure, or 

15 technology, as the case may be, that the Secretary 

16 determines are necessary to maximize the safety and 

17 effectiveness of officers and agents of the Depart18 ment of Homeland Security or of any other Federal 

19 agency deployed in the vicinity of such physical bar20 riers, tactical infrastructure, or technology.’’; and 

21 (E) in paragraph (4), by striking ‘‘this 

22 subsection’’ and inserting ‘‘this section’’; 

23 (3) in subsection (c)— 

24 (A) by amending paragraph (1) to read as 

25 follows: 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, the Secretary of Homeland Security 

3 shall waive all legal requirements necessary to en4 sure the expeditious design, testing, construction, in5 stallation, deployment, integration, operation, and 

6 maintenance of the physical barriers, tactical infra7 structure, and technology under this section. The 

8 Secretary shall ensure the maintenance and effec9 tiveness of such physical barriers, tactical infrastruc10 ture, or technology. Any such action by the Sec11 retary shall be effective upon publication in the Fed12 eral Register.’’; 

13 (B) by redesignating paragraph (2) as 

14 paragraph (3); and 

15 (C) by inserting after paragraph (1) the 

16 following new paragraph: 

17 ‘‘(2) NOTIFICATION.—Not later than seven 

18 days after the date on which the Secretary of Home19 land Security exercises a waiver pursuant to para20 graph (1), the Secretary shall notify the Committee 

21 on Homeland Security of the House of Representa22 tives and the Committee on Homeland Security and 

23 Governmental Affairs of the Senate of such waiver.’’; 

24 and 


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1 (4) by adding at the end the following new sub2 sections: 

3 ‘‘(e) TECHNOLOGY.—In carrying out this section, the 

4 Secretary of Homeland Security shall deploy along the 

5 southwest border the most practical and effective tech6 nology available for achieving situational awareness and 

7 operational control. 

8 ‘‘(f) DEFINITIONS.—In this section: 

9 ‘‘(1) ADVANCED UNATTENDED SURVEILLANCE

10 SENSORS.—The term ‘advanced unattended surveil11 lance sensors’ means sensors that utilize an onboard 

12 computer to analyze detections in an effort to dis13 cern between vehicles, humans, and animals, and ul14 timately filter false positives prior to transmission. 

15 ‘‘(2) OPERATIONAL CONTROL.—The term ‘oper16 ational control’ has the meaning given such term in 

17 section 2(b) of the Secure Fence Act of 2006 (Public 

18 Law 109–367; 8 U.S.C. 1701 note). 

19 ‘‘(3) PHYSICAL BARRIERS.—The term ‘physical 

20 barriers’ includes reinforced fencing, the border wall, 

21 and levee walls. 

22 ‘‘(4) SITUATIONAL AWARENESS.—The term ‘sit23 uational awareness’ has the meaning given such 

24 term in section 1092(a)(7) of the National Defense 


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1 Authorization Act for Fiscal Year 2017 (Public Law 

2 114–328; 6 U.S.C. 223(a)(7)). 

3 ‘‘(5) TACTICAL INFRASTRUCTURE.—The term 

4 ‘tactical infrastructure’ includes boat ramps, access 

5 gates, checkpoints, lighting, and roads. 

6 ‘‘(6) TECHNOLOGY.—The term ‘technology’ in7 cludes border surveillance and detection technology, 

8 including the following: 

9 ‘‘(A) Tower-based surveillance technology. 

10 ‘‘(B) Deployable, lighter-than-air ground 

11 surveillance equipment. 

12 ‘‘(C) Vehicle and Dismount Exploitation 

13 Radars (VADER). 

14 ‘‘(D) 3-dimensional, seismic acoustic detec15 tion and ranging border tunneling detection 

16 technology. 

17 ‘‘(E) Advanced unattended surveillance 

18 sensors. 

19 ‘‘(F) Mobile vehicle-mounted and man20 portable surveillance capabilities. 

21 ‘‘(G) Unmanned aircraft systems. 

22 ‘‘(H) Tunnel detection systems and other 

23 seismic technology. 

24 ‘‘(I) Fiber-optic cable. 


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1 ‘‘(J) Other border detection, communica2 tion, and surveillance technology. 

3 ‘‘(7) UNMANNED AIRCRAFT SYSTEM.—The term 

4 ‘unmanned aircraft system’ has the meaning given 

5 such term in section 44801 of title 49, United 

6 States Code.’’. 

7 SEC. 104. BORDER AND PORT SECURITY TECHNOLOGY IN8 VESTMENT PLAN. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, the Commissioner, in 

11 consultation with covered officials and border and port se12 curity technology stakeholders, shall submit to the appro13 priate congressional committees a strategic 5-year tech14 nology investment plan (in this section referred to as the 

15 ‘‘plan’’). The plan may include a classified annex, if appro16 priate. 

17 (b) CONTENTS OF PLAN.—The plan shall include the 

18 following: 

19 (1) An analysis of security risks at and between 

20 ports of entry along the northern and southern bor21 ders of the United States. 

22 (2) An identification of capability gaps with re23 spect to security at and between such ports of entry 

24 to be mitigated in order to— 


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1 (A) prevent terrorists and instruments of 

2 terror from entering the United States; 

3 (B) combat and reduce cross-border crimi4 nal activity, including— 

5 (i) the transport of illegal goods, such 

6 as illicit drugs; and 

7 (ii) human smuggling and human 

8 trafficking; and 

9 (C) facilitate the flow of legal trade across 

10 the southwest border. 

11 (3) An analysis of current and forecast trends 

12 relating to the number of aliens who— 

13 (A) unlawfully entered the United States 

14 by crossing the northern or southern border of 

15 the United States; or 

16 (B) are unlawfully present in the United 

17 States. 

18 (4) A description of security-related technology 

19 acquisitions, to be listed in order of priority, to ad20 dress the security risks and capability gaps analyzed 

21 and identified pursuant to paragraphs (1) and (2), 

22 respectively. 

23 (5) A description of each planned security-re24 lated technology program, including objectives, goals, 

25 and timelines for each such program. 


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1 (6) An identification of each deployed security2 related technology that is at or near the end of the 

3 life cycle of such technology. 

4 (7) A description of the test, evaluation, mod5 eling, and simulation capabilities, including target 

6 methodologies, rationales, and timelines, necessary 

7 to support the acquisition of security-related tech8 nologies pursuant to paragraph (4). 

9 (8) An identification and assessment of ways to 

10 increase opportunities for communication and col11 laboration with the private sector, small and dis12 advantaged businesses, intragovernment entities, 

13 university centers of excellence, and Federal labora14 tories to ensure CBP is able to engage with the mar15 ket for security-related technologies that are avail16 able to satisfy its mission needs before engaging in 

17 an acquisition of a security-related technology. 

18 (9) An assessment of the management of 

19 planned security-related technology programs by the 

20 acquisition workforce of CBP. 

21 (10) An identification of ways to leverage al22 ready-existing acquisition expertise within the Fed23 eral Government. 

24 (11) A description of the security resources, in25 cluding information security resources, required to 


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1 protect security-related technology from physical or 

2 cyber theft, diversion, sabotage, or attack. 

3 (12) A description of initiatives to— 

4 (A) streamline the acquisition process of 

5 CBP; and 

6 (B) provide to the private sector greater 

7 predictability and transparency with respect to 

8 such process, including information relating to 

9 the timeline for testing and evaluation of secu10 rity-related technology. 

11 (13) An assessment of the privacy and security 

12 impact on border communities of security-related 

13 technology. 

14 (14) In the case of a new acquisition leading to 

15 the removal of equipment from a port of entry along 

16 the northern or southern border of the United 

17 States, a strategy to consult with the private sector 

18 and community stakeholders affected by such re19 moval. 

20 (15) A strategy to consult with the private sec21 tor and community stakeholders with respect to se22 curity impacts at a port of entry described in para23 graph (14). 

24 (16) An identification of recent technological 

25 advancements in the following: 


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1 (A) Manned aircraft sensor, communica2 tion, and common operating picture technology. 

3 (B) Unmanned aerial systems and related 

4 technology, including counter-unmanned aerial 

5 system technology. 

6 (C) Surveillance technology, including the 

7 following: 

8 (i) Mobile surveillance vehicles. 

9 (ii) Associated electronics, including 

10 cameras, sensor technology, and radar. 

11 (iii) Tower-based surveillance tech12 nology. 

13 (iv) Advanced unattended surveillance 

14 sensors. 

15 (v) Deployable, lighter-than-air, 

16 ground surveillance equipment. 

17 (D) Nonintrusive inspection technology, in18 cluding non-x-ray devices utilizing muon tomog19 raphy and other advanced detection technology. 

20 (E) Tunnel detection technology. 

21 (F) Communications equipment, including 

22 the following: 

23 (i) Radios. 

24 (ii) Long-term evolution broadband. 

25 (iii) Miniature satellites. 


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1 (c) LEVERAGING THE PRIVATE SECTOR.—To the ex2 tent practicable, the plan shall— 

3 (1) leverage emerging technological capabilities, 

4 and research and development trends, within the 

5 public and private sectors; 

6 (2) incorporate input from the private sector, 

7 including from border and port security stake8 holders, through requests for information, industry 

9 day events, and other innovative means consistent 

10 with the Federal Acquisition Regulation; and 

11 (3) identify security-related technologies that 

12 are in development or deployed, with or without ad13 aptation, that may satisfy the mission needs of CBP. 

14 (d) FORM.—To the extent practicable, the plan shall 

15 be published in unclassified form on the website of the 

16 Department. 

17 (e) DISCLOSURE.—The plan shall include an identi18 fication of individuals not employed by the Federal Gov19 ernment, and their professional affiliations, who contrib20 uted to the development of the plan. 

21 (f) UPDATE AND REPORT.—Not later than the date 

22 that is two years after the date on which the plan is sub23 mitted to the appropriate congressional committees pursu24 ant to subsection (a) and biennially thereafter for ten 


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1 years, the Commissioner shall submit to the appropriate 

2 congressional committees— 

3 (1) an update of the plan, if appropriate; and 

4 (2) a report that includes— 

5 (A) the extent to which each security-re6 lated technology acquired by CBP since the ini7 tial submission of the plan or most recent up8 date of the plan, as the case may be, is con9 sistent with the planned technology programs 

10 and projects described pursuant to subsection 

11 (b)(5); and 

12 (B) the type of contract and the reason for 

13 acquiring each such security-related technology. 

14 (g) DEFINITIONS.—In this section: 

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means— 

18 (A) the Committee on Homeland Security 

19 and the Committee on Appropriations of the 

20 House of Representatives; and 

21 (B) the Committee on Homeland Security 

22 and Governmental Affairs and the Committee 

23 on Appropriations of the Senate. 

24 (2) COVERED OFFICIALS.—The term ‘‘covered 

25 officials’’ means— 


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1 (A) the Under Secretary for Management 

2 of the Department; 

3 (B) the Under Secretary for Science and 

4 Technology of the Department; and 

5 (C) the Chief Information Officer of the 

6 Department. 

7 (3) UNLAWFULLY PRESENT.—The term ‘‘un8 lawfully present’’ has the meaning provided such 

9 term in section 212(a)(9)(B)(ii) of the Immigration 

10 and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)). 

11 SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM 

12 MANAGEMENT. 

13 (a) IN GENERAL.—Subtitle C of title IV of the 

14 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

15 is amended by adding at the end the following new section: 

16 ‘‘SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM 

17 MANAGEMENT. 

18 ‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 

19 this section, the term ‘major acquisition program’ means 

20 an acquisition program of the Department that is esti21 mated by the Secretary to require an eventual total ex22 penditure of at least $100,000,000 (based on fiscal year 

23 2023 constant dollars) over its life-cycle cost. 

24 ‘‘(b) PLANNING DOCUMENTATION.—For each border 

25 security technology acquisition program of the DepartVerDate Sep 11 2014 22:01 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H10034.IH H10034

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1 ment that is determined to be a major acquisition pro2 gram, the Secretary shall— 

3 ‘‘(1) ensure that each such program has a writ4 ten acquisition program baseline approved by the 

5 relevant acquisition decision authority; 

6 ‘‘(2) document that each such program is satis7 fying cost, schedule, and performance thresholds as 

8 specified in such baseline, in compliance with rel9 evant departmental acquisition policies and the Fed10 eral Acquisition Regulation; and 

11 ‘‘(3) have a plan for satisfying program imple12 mentation objectives by managing contractor per13 formance. 

14 ‘‘(c) ADHERENCE TO STANDARDS.—The Secretary, 

15 acting through the Under Secretary for Management and 

16 the Commissioner of U.S. Customs and Border Protection, 

17 shall ensure border security technology acquisition pro18 gram managers who are responsible for carrying out this 

19 section adhere to relevant internal control standards iden20 tified by the Comptroller General of the United States. 

21 The Commissioner shall provide information, as needed, 

22 to assist the Under Secretary in monitoring management 

23 of border security technology acquisition programs under 

24 this section. 


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1 ‘‘(d) PLAN.—The Secretary, acting through the 

2 Under Secretary for Management, in coordination with 

3 the Under Secretary for Science and Technology and the 

4 Commissioner of U.S. Customs and Border Protection, 

5 shall submit to the Committee on Homeland Security of 

6 the House of Representatives and the Committee on 

7 Homeland Security and Governmental Affairs of the Sen8 ate a plan for testing, evaluating, and using independent 

9 verification and validation of resources relating to the pro10 posed acquisition of border security technology. Under 

11 such plan, the proposed acquisition of new border security 

12 technologies shall be evaluated through a series of assess13 ments, processes, and audits to ensure— 

14 ‘‘(1) compliance with relevant departmental ac15 quisition policies and the Federal Acquisition Regu16 lation; and 

17 ‘‘(2) the effective use of taxpayer dollars.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of the Homeland Security Act of 2002 is 

20 amended by inserting after the item relating to section 

21 436 the following new item: 

‘‘Sec. 437. Border security technology program management.’’. 

22 (c) PROHIBITION ON ADDITIONAL AUTHORIZATION

23 OF APPROPRIATIONS.—No additional funds are author24 ized to be appropriated to carry out section 437 of the 


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1 Homeland Security Act of 2002, as added by subsection 

2 (a). 

3 SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECH4 NOLOGY UPGRADES. 

5 (a) SECURE COMMUNICATIONS.—The Commissioner 

6 shall ensure that each CBP officer or agent, as appro7 priate, is equipped with a secure radio or other two-way 

8 communication device that allows each such officer or 

9 agent to communicate— 

10 (1) between ports of entry and inspection sta11 tions; and 

12 (2) with other Federal, State, Tribal, and local 

13 law enforcement entities. 

14 (b) BORDER SECURITY DEPLOYMENT PROGRAM.— 

15 (1) EXPANSION.—Not later than September 30, 

16 2025, the Commissioner shall— 

17 (A) fully implement the Border Security 

18 Deployment Program of CBP; and 

19 (B) expand the integrated surveillance and 

20 intrusion detection system at land ports of 

21 entry along the northern and southern borders 

22 of the United States. 

23 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

24 addition to amounts otherwise authorized to be ap25 propriated for such purpose, there is authorized to 


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1 be appropriated $33,000,000 for fiscal years 2024 

2 and 2025 to carry out paragraph (1). 

3 (c) UPGRADE OF LICENSE PLATE READERS AT

4 PORTS OF ENTRY.— 

5 (1) UPGRADE.—Not later than two years after 

6 the date of the enactment of this Act, the Commis7 sioner shall upgrade all existing license plate readers 

8 in need of upgrade, as determined by the Commis9 sioner, on the northern and southern borders of the 

10 United States. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

12 addition to amounts otherwise authorized to be ap13 propriated for such purpose, there is authorized to 

14 be appropriated $125,000,000 for fiscal years 2025 

15 and 2026 to carry out paragraph (1). 

16 SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PER17 SONNEL. 

18 (a) RETENTION BONUS.—To carry out this section, 

19 there is authorized to be appropriated up to $100,000,000 

20 to the Commissioner to provide a retention bonus to any 

21 front-line U.S. Border Patrol law enforcement agent— 

22 (1) whose position is equal to or below level 

23 GS–12 of the General Schedule; 

24 (2) who has five years or more of service with 

25 the U.S. Border Patrol; and 


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1 (3) who commits to two years of additional 

2 service with the U.S. Border Patrol upon acceptance 

3 of such bonus. 

4 (b) BORDER PATROL AGENTS.—Not later than Sep5 tember 30, 2025, the Commissioner shall hire, train, and 

6 assign a sufficient number of Border Patrol agents to 

7 maintain an active duty presence of not fewer than 22,000 

8 full-time equivalent Border Patrol agents, who may not 

9 perform the duties of processing coordinators. 

10 (c) PROHIBITION AGAINST ALIEN TRAVEL.—No per11 sonnel or equipment of Air and Marine Operations may 

12 be used for the transportation of non-detained aliens, or 

13 detained aliens expected to be administratively released 

14 upon arrival, from the southwest border to destinations 

15 within the United States. 

16 (d) GAO REPORT.—If the staffing level required 

17 under this section is not achieved by the date associated 

18 with such level, the Comptroller General of the United 

19 States shall— 

20 (1) conduct a review of the reasons why such 

21 level was not so achieved; and 

22 (2) not later than September 30, 2027, publish 

23 on a publicly available website of the Government 

24 Accountability Office a report relating thereto. 


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1 SEC. 108. ANTI-BORDER CORRUPTION ACT REAUTHORIZA2 TION. 

3 (a) HIRING FLEXIBILITY.—Section 3 of the Anti4 Border Corruption Act of 2010 (6 U.S.C. 221; Public Law 

5 111–376) is amended by striking subsection (b) and in6 serting the following new subsections: 

7 ‘‘(b) WAIVER REQUIREMENT.—Subject to subsection 

8 (c), the Commissioner of U.S. Customs and Border Pro9 tection shall waive the application of subsection (a)(1)— 

10 ‘‘(1) to a current, full-time law enforcement of11 ficer employed by a State or local law enforcement 

12 agency who— 

13 ‘‘(A) has continuously served as a law en14 forcement officer for not fewer than three 

15 years; 

16 ‘‘(B) is authorized by law to engage in or 

17 supervise the prevention, detection, investiga18 tion, or prosecution of, or the incarceration of 

19 any person for, any violation of law, and has 

20 statutory powers for arrest or apprehension; 

21 and 

22 ‘‘(C) is not currently under investigation, 

23 has not been found to have engaged in criminal 

24 activity or serious misconduct, has not resigned 

25 from a law enforcement officer position under 

26 investigation or in lieu of termination, and has 


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1 not been dismissed from a law enforcement offi2 cer position; 

3 ‘‘(2) to a current, full-time Federal law enforce4 ment officer who— 

5 ‘‘(A) has continuously served as a law en6 forcement officer for not fewer than three 

7 years; 

8 ‘‘(B) is authorized to make arrests, con9 duct investigations, conduct searches, make sei10 zures, carry firearms, and serve orders, war11 rants, and other processes; 

12 ‘‘(C) is not currently under investigation, 

13 has not been found to have engaged in criminal 

14 activity or serious misconduct, has not resigned 

15 from a law enforcement officer position under 

16 investigation or in lieu of termination, and has 

17 not been dismissed from a law enforcement offi18 cer position; and 

19 ‘‘(D) holds a current Tier 4 background 

20 investigation or current Tier 5 background in21 vestigation; or 

22 ‘‘(3) to a member of the Armed Forces (or a re23 serve component thereof) or a veteran, if such indi24 vidual— 


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1 ‘‘(A) has served in the Armed Forces for 

2 not fewer than three years; 

3 ‘‘(B) holds, or has held within the past five 

4 years, a Secret, Top Secret, or Top Secret/Sen5 sitive Compartmented Information clearance; 

6 ‘‘(C) holds, or has undergone within the 

7 past five years, a current Tier 4 background in8 vestigation or current Tier 5 background inves9 tigation; 

10 ‘‘(D) received, or is eligible to receive, an 

11 honorable discharge from service in the Armed 

12 Forces and has not engaged in criminal activity 

13 or committed a serious military or civil offense 

14 under the Uniform Code of Military Justice; 

15 and 

16 ‘‘(E) was not granted any waivers to ob17 tain the clearance referred to in subparagraph 

18 (B). 

19 ‘‘(c) TERMINATION OF WAIVER REQUIREMENT; 

20 SNAP-BACK.—The requirement to issue a waiver under 

21 subsection (b) shall terminate if the Commissioner of U.S. 

22 Customs and Border Protection (CBP) certifies to the 

23 Committee on Homeland Security of the House of Rep24 resentatives and the Committee on Homeland Security 

25 and Governmental Affairs of the Senate that CBP has met 


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1 all requirements pursuant to section 107 of the Border 

2 Security and Immigration Reform Act relating to per3 sonnel levels. If at any time after such certification per4 sonnel levels fall below such requirements, the Commis5 sioner shall waive the application of subsection (a)(1) until 

6 such time as the Commissioner re-certifies to such Com7 mittees that CBP has so met all such requirements.’’. 

8 (b) SUPPLEMENTAL COMMISSIONER AUTHORITY; 

9 REPORTING; DEFINITIONS.—The Anti-Border Corruption 

10 Act of 2010 is amended by adding at the end the following 

11 new sections: 

12 ‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

13 ‘‘(a) NONEXEMPTION.—An individual who receives a 

14 waiver under section 3(b) is not exempt from any other 

15 hiring requirements relating to suitability for employment 

16 and eligibility to hold a national security designated posi17 tion, as determined by the Commissioner of U.S. Customs 

18 and Border Protection. 

19 ‘‘(b) BACKGROUND INVESTIGATIONS.—An individual 

20 who receives a waiver under section 3(b) who holds a cur21 rent Tier 4 background investigation shall be subject to 

22 a Tier 5 background investigation. 

23 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAMINA24 TION.—The Commissioner of U.S. Customs and Border 

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1 ination to an applicant or employee who is eligible for or 

2 receives a waiver under section 3(b) if information is dis3 covered before the completion of a background investiga4 tion that results in a determination that a polygraph ex5 amination is necessary to make a final determination re6 garding suitability for employment or continued employ7 ment, as the case may be. 

8 ‘‘SEC. 6. REPORTING. 

9 ‘‘(a) ANNUAL REPORT.—Not later than one year 

10 after the date of the enactment of this section and annu11 ally thereafter while the waiver authority under section 

12 3(b) is in effect, the Commissioner of U.S. Customs and 

13 Border Protection shall submit to Congress a report that 

14 includes, with respect to each such reporting period, the 

15 following: 

16 ‘‘(1) Information relating to the number of 

17 waivers granted under such section 3(b). 

18 ‘‘(2) Information relating to the percentage of 

19 applicants who were hired after receiving such a 

20 waiver. 

21 ‘‘(3) Information relating to the number of in22 stances that a polygraph was administered to an ap23 plicant who initially received such a waiver and the 

24 results of such polygraph. 


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1 ‘‘(4) An assessment of the current impact of 

2 such waiver authority on filling law enforcement po3 sitions at U.S. Customs and Border Protection. 

4 ‘‘(5) An identification of additional authorities 

5 needed by U.S. Customs and Border Protection to 

6 better utilize such waiver authority for its intended 

7 goals. 

8 ‘‘(b) ADDITIONAL INFORMATION.—The first report 

9 submitted under subsection (a) shall include the following: 

10 ‘‘(1) An analysis of other methods of employ11 ment suitability tests that detect deception and could 

12 be used in conjunction with traditional background 

13 investigations to evaluate potential applicants or em14 ployees for suitability for employment or continued 

15 employment, as the case may be. 

16 ‘‘(2) A recommendation regarding whether a 

17 test referred to in paragraph (1) should be adopted 

18 by U.S. Customs and Border Protection when the 

19 polygraph examination requirement is waived pursu20 ant to section 3(b). 

21 ‘‘SEC. 7. DEFINITIONS. 

22 ‘‘In this Act: 

23 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 

24 The term ‘Federal law enforcement officer’ means a 

25 ‘law enforcement officer’, as such term is defined in 


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1 section 8331(20) or 8401(17) of title 5, United 

2 States Code. 

3 ‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— 

4 The term ‘serious military or civil offense’ means an 

5 offense for which— 

6 ‘‘(A) a member of the Armed Forces may 

7 be discharged or separated from service in the 

8 Armed Forces; and 

9 ‘‘(B) a punitive discharge is, or would be, 

10 authorized for the same or a closely related of11 fense under the Manual for Court-Martial, as 

12 pursuant to Army Regulation 635–200, chapter 

13 14–12. 

14 ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 

15 ‘Tier 5’, with respect to background investigations, 

16 have the meaning given such terms under the 2012 

17 Federal Investigative Standards. 

18 ‘‘(4) VETERAN.—The term ‘veteran’ has the 

19 meaning given such term in section 101(2) of title 

20 38, United States Code.’’. 

21 (c) POLYGRAPH EXAMINERS.—Not later than Sep22 tember 30, 2025, the Secretary shall increase to not fewer 

23 than 150 the number of trained full-time equivalent poly24 graph examiners for administering polygraphs under the 


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1 Anti-Border Corruption Act of 2010, as amended by this 

2 section. 

3 SEC. 109. ESTABLISHMENT OF WORKLOAD STAFFING MOD4 ELS FOR U.S. BORDER PATROL AND AIR AND 

5 MARINE OPERATIONS OF CBP. 

6 (a) IN GENERAL.—Not later than one year after the 

7 date of the enactment of this Act, the Commissioner, in 

8 coordination with the Under Secretary for Management, 

9 the Chief Human Capital Officer, and the Chief Financial 

10 Officer of the Department, shall implement a workload 

11 staffing model for each of the following: 

12 (1) The U.S. Border Patrol. 

13 (2) Air and Marine Operations of CBP. 

14 (b) RESPONSIBILITIES OF THE COMMISSIONER.— 

15 Subsection (c) of section 411 of the Homeland Security 

16 Act of 2002 (6 U.S.C. 211), is amended— 

17 (1) by redesignating paragraphs (18) and (19) 

18 as paragraphs (20) and (21), respectively; and 

19 (2) by inserting after paragraph (17) the fol20 lowing new paragraphs: 

21 ‘‘(18) implement a staffing model for the U.S. 

22 Border Patrol, Air and Marine Operations, and the 

23 Office of Field Operations that includes consider24 ation for essential frontline operator activities and 

25 functions, variations in operating environments, 


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1 present and planned infrastructure, present and 

2 planned technology, and required operations support 

3 levels to enable such entities to manage and assign 

4 personnel of such entities to ensure field and sup5 port posts possess adequate resources to carry out 

6 duties specified in this section; 

7 ‘‘(19) develop standard operating procedures 

8 for a workforce tracking system within the U.S. 

9 Border Patrol, Air and Marine Operations, and the 

10 Office of Field Operations, train the workforce of 

11 each of such entities on the use, capabilities, and 

12 purpose of such system, and implement internal con13 trols to ensure timely and accurate scheduling and 

14 reporting of actual completed work hours and activi15 ties;’’. 

16 (c) REPORT.— 

17 (1) IN GENERAL.—Not later than one year 

18 after the date of the enactment of this Act with re19 spect to subsection (a) and paragraphs (18) and 

20 (19) of section 411(c) of the Homeland Security Act 

21 of 2002 (as amended by subsection (b)), and annu22 ally thereafter with respect to such paragraphs (18) 

23 and (19), the Secretary shall submit to the appro24 priate congressional committees a report that in25 cludes a status update on the following: 


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1 (A) The implementation of such subsection 

2 (a) and such paragraphs (18) and (19). 

3 (B) Each relevant workload staffing model. 

4 (2) DATA SOURCES AND METHODOLOGY RE5 QUIRED.—Each report required under paragraph (1) 

6 shall include information relating to the data sources 

7 and methodology used to generate each relevant 

8 staffing model. 

9 (d) INSPECTOR GENERAL REVIEW.—Not later than 

10 90 days after the Commissioner develops the workload 

11 staffing models pursuant to subsection (a), the Inspector 

12 General of the Department shall review such models and 

13 provide feedback to the Secretary and the appropriate con14 gressional committees with respect to the degree to which 

15 such models are responsive to the recommendations of the 

16 Inspector General, including the following: 

17 (1) Recommendations from the Inspector Gen18 eral’s February 2019 audit. 

19 (2) Any further recommendations to improve 

20 such models. 

21 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE22 FINED.—In this section, the term ‘‘appropriate congres23 sional committees’’ means— 

24 (1) the Committee on Homeland Security of the 

25 House of Representatives; and 


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1 (2) the Committee on Homeland Security and 

2 Governmental Affairs of the Senate. 

3 SEC. 110. OPERATION STONEGARDEN. 

4 (a) IN GENERAL.—Subtitle A of title XX of the 

5 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 

6 is amended by adding at the end the following new section: 

7 ‘‘SEC. 2010. OPERATION STONEGARDEN. 

8 ‘‘(a) ESTABLISHMENT.—There is established in the 

9 Department a program to be known as ‘Operation 

10 Stonegarden’, under which the Secretary, acting through 

11 the Administrator, shall make grants to eligible law en12 forcement agencies, through State administrative agen13 cies, to enhance border security in accordance with this 

14 section. 

15 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re16 ceive a grant under this section, a law enforcement agency 

17 shall— 

18 ‘‘(1) be located in— 

19 ‘‘(A) a State bordering Canada or Mexico; 

20 or 

21 ‘‘(B) a State or territory with a maritime 

22 border; 

23 ‘‘(2) be involved in an active, ongoing, U.S. 

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1 nated through a U.S. Border Patrol sector office; 

2 and 

3 ‘‘(3) have an agreement in place with U.S. Im4 migration and Customs Enforcement to support en5 forcement operations. 

6 ‘‘(c) PERMITTED USES.—A recipient of a grant 

7 under this section may use such grant for costs associated 

8 with the following: 

9 ‘‘(1) Equipment, including maintenance and 

10 sustainment. 

11 ‘‘(2) Personnel, including overtime and backfill, 

12 in support of enhanced border law enforcement ac13 tivities. 

14 ‘‘(3) Any activity permitted for Operation 

15 Stonegarden under the most recent fiscal year De16 partment of Homeland Security’s Homeland Secu17 rity Grant Program Notice of Funding Opportunity. 

18 ‘‘(d) PERIOD OF PERFORMANCE.—The Secretary 

19 shall award grants under this section to grant recipients 

20 for a period of not fewer than 36 months. 

21 ‘‘(e) NOTIFICATION.—Upon denial of a grant to a law 

22 enforcement agency, the Administrator shall provide writ23 ten notice to the Committee on Homeland Security of the 

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1 land Security and Governmental Affairs of the Senate, in2 cluding the reasoning for such denial. 

3 ‘‘(f) REPORT.—For each of fiscal years 2024 through 

4 2028 the Administrator shall submit to the Committee on 

5 Homeland Security of the House of Representatives and 

6 the Committee on Homeland Security and Governmental 

7 Affairs of the Senate a report that contains— 

8 ‘‘(1) information on the expenditure of grants 

9 made under this section by each grant recipient; and 

10 ‘‘(2) recommendations for other uses of such 

11 grants to further support eligible law enforcement 

12 agencies. 

13 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

14 is authorized to be appropriated $110,000,000 for each 

15 of fiscal years 2024 through 2028 for grants under this 

16 section.’’. 

17 (b) CONFORMING AMENDMENT.—Subsection (a) of 

18 section 2002 of the Homeland Security Act of 2002 (6 

19 U.S.C. 603) is amended to read as follows: 

20 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 

21 the Administrator, may award grants under sections 2003, 

22 2004, 2009, and 2010 to State, local, and Tribal govern23 ments, as appropriate.’’. 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 in section 1(b) of the Homeland Security Act of 2002 is 


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1 amended by inserting after the item relating to section 

2 2009 the following new item: 

‘‘Sec. 2010. Operation Stonegarden.’’. 

3 SEC. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS. 

4 (a) AIR AND MARINE OPERATIONS FLIGHT

5 HOURS.—Not later than 120 days after the date of the 

6 enactment of this Act, the Secretary shall ensure that not 

7 fewer than 110,000 annual flight hours are carried out 

8 by Air and Marine Operations of CBP. 

9 (b) UNMANNED AIRCRAFT SYSTEMS.—The Sec10 retary, after coordination with the Administrator of the 

11 Federal Aviation Administration, shall ensure that Air and 

12 Marine Operations operate unmanned aircraft systems on 

13 the southern border of the United States for not less than 

14 24 hours per day. 

15 (c) PRIMARY MISSIONS.—The Commissioner shall 

16 ensure the following: 

17 (1) The primary missions for Air and Marine 

18 Operations are to directly support the following: 

19 (A) U.S. Border Patrol activities along the 

20 borders of the United States. 

21 (B) Joint Interagency Task Force South 

22 and Joint Task Force East operations in the 

23 transit zone. 


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1 (2) The Executive Assistant Commissioner of 

2 Air and Marine Operations assigns the greatest pri3 ority to support missions specified in paragraph (1). 

4 (d) HIGH DEMAND FLIGHT HOUR REQUIRE5 MENTS.—The Commissioner shall— 

6 (1) ensure that U.S. Border Patrol Sector 

7 Chiefs identify air support mission-critical hours; 

8 and 

9 (2) direct Air and Marine Operations to sup10 port requests from such Sector Chiefs as a compo11 nent of the primary mission of Air and Marine Op12 erations in accordance with subsection (c)(1)(A). 

13 (e) CONTRACT AIR SUPPORT AUTHORIZATIONS.— 

14 The Commissioner shall contract for air support mission15 critical hours to meet the requests for such hours, as iden16 tified pursuant to subsection (d). 

17 (f) SMALL UNMANNED AIRCRAFT SYSTEMS.— 

18 (1) IN GENERAL.—The Chief of the U.S. Bor19 der Patrol shall be the executive agent with respect 

20 to the use of small unmanned aircraft by CBP for 

21 the purposes of the following: 

22 (A) Meeting the unmet flight hour oper23 ational requirements of the U.S. Border Patrol. 


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1 (B) Achieving situational awareness and 

2 operational control of the borders of the United 

3 States. 

4 (2) COORDINATION.—In carrying out para5 graph (1), the Chief of the U.S. Border Patrol shall 

6 coordinate— 

7 (A) flight operations with the Adminis8 trator of the Federal Aviation Administration to 

9 ensure the safe and efficient operation of the 

10 national airspace system; and 

11 (B) with the Executive Assistant Commis12 sioner for Air and Marine Operations of CBP 

13 to— 

14 (i) ensure the safety of other CBP 

15 aircraft flying in the vicinity of small un16 manned aircraft operated by the U.S. Bor17 der Patrol; and 

18 (ii) establish a process to include data 

19 from flight hours in the calculation of got 

20 away statistics. 

21 (3) CONFORMING AMENDMENT.—Paragraph (3) 

22 of section 411(e) of the Homeland Security Act of 

23 2002 (6 U.S.C. 211(e)) is amended— 

24 (A) in subparagraph (B), by striking 

25 ‘‘and’’ after the semicolon at the end; 


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1 (B) by redesignating subparagraph (C) as 

2 subparagraph (D); and 

3 (C) by inserting after subparagraph (B) 

4 the following new subparagraph: 

5 ‘‘(C) carry out the small unmanned air6 craft (as such term is defined in section 44801 

7 of title 49, United States Code) requirements 

8 pursuant to subsection (f) of section 111 of the 

9 Border Security and Immigration Reform Act; 

10 and’’. 

11 (g) SAVINGS CLAUSE.—Nothing in this section may 

12 be construed as conferring, transferring, or delegating to 

13 the Secretary, the Commissioner, the Executive Assistant 

14 Commissioner for Air and Marine Operations of CBP, or 

15 the Chief of the U.S. Border Patrol any authority of the 

16 Secretary of Transportation or the Administrator of the 

17 Federal Aviation Administration relating to the use of air18 space or aviation safety. 

19 (h) DEFINITIONS.—In this section: 

20 (1) GOT AWAY.—The term ‘‘got away’’ has the 

21 meaning given such term in section 1092(a)(3) of 

22 the National Defense Authorization Act for Fiscal 

23 Year 2017 (Public Law 114–328; 6 U.S.C. 

24 223(a)(3)). 


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1 (2) TRANSIT ZONE.—The term ‘‘transit zone’’ 

2 has the meaning given such term in section 

3 1092(a)(8) of the National Defense Authorization 

4 Act for Fiscal Year 2017 (Public Law 114–328; 6 

5 U.S.C. 223(a)(8)). 

6 SEC. 112. BORDER PATROL STRATEGIC PLAN. 

7 (a) IN GENERAL.—Not later than one year after the 

8 date of the enactment of this Act and biennially thereafter, 

9 the Commissioner, acting through the Chief of the U.S. 

10 Border Patrol, shall issue a Border Patrol Strategic Plan 

11 (referred to in this section as the ‘‘plan’’) to enhance the 

12 security of the borders of the United States. 

13 (b) ELEMENTS.—The plan shall include the fol14 lowing: 

15 (1) A consideration of Border Patrol Capability 

16 Gap Analysis reporting, Border Security Improve17 ment Plans, and any other strategic document au18 thored by the U.S. Border Patrol to address security 

19 gaps between ports of entry, including efforts to 

20 mitigate threats identified in such analyses, plans, 

21 and documents. 

22 (2) Information relating to the dissemination of 

23 information relating to border security or border 

24 threats with respect to the efforts of the Department 

25 and other appropriate Federal agencies. 


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1 (3) Information relating to efforts by U.S. Bor2 der Patrol to— 

3 (A) increase situational awareness, includ4 ing— 

5 (i) surveillance capabilities, such as 

6 capabilities developed or utilized by the 

7 Department of Defense, and any appro8 priate technology determined to be excess 

9 by the Department of Defense; and 

10 (ii) the use of manned aircraft and 

11 unmanned aircraft; 

12 (B) detect and prevent terrorists and in13 struments of terrorism from entering the 

14 United States; 

15 (C) detect, interdict, and disrupt between 

16 ports of entry aliens unlawfully present in the 

17 United States; 

18 (D) detect, interdict, and disrupt human 

19 smuggling, human trafficking, drug trafficking, 

20 and other illicit cross-border activity; 

21 (E) focus intelligence collection to disrupt 

22 transnational criminal organizations outside of 

23 the international and maritime borders of the 

24 United States; and 


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1 (F) ensure that any new border security 

2 technology can be operationally integrated with 

3 existing technologies in use by the Department. 

4 (4) Information relating to initiatives of the De5 partment with respect to operational coordination, 

6 including any relevant task forces of the Depart7 ment. 

8 (5) Information gathered from the lessons 

9 learned by the deployments of the National Guard to 

10 the southern border of the United States. 

11 (6) A description of cooperative agreements re12 lating to information sharing with State, local, Trib13 al, territorial, and other Federal law enforcement 

14 agencies that have jurisdiction on the borders of the 

15 United States. 

16 (7) Information relating to border security in17 formation received from the following: 

18 (A) State, local, Tribal, territorial, and 

19 other Federal law enforcement agencies that 

20 have jurisdiction on the borders of the United 

21 States or in the maritime environment. 

22 (B) Border community stakeholders, in23 cluding representatives from the following: 

24 (i) Border agricultural and ranching 

25 organizations. 


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1 (ii) Business and civic organizations. 

2 (iii) Hospitals and rural clinics within 

3 150 miles of the borders of the United 

4 States. 

5 (iv) Victims of crime committed by 

6 aliens unlawfully present in the United 

7 States. 

8 (v) Victims impacted by drugs, 

9 transnational criminal organizations, car10 tels, gangs, or other criminal activity. 

11 (vi) Farmers, ranchers, and property 

12 owners along the border. 

13 (vii) Other individuals negatively im14 pacted by illegal immigration. 

15 (8) Information relating to the staffing require16 ments with respect to border security for the De17 partment. 

18 (9) A prioritized list of Department research 

19 and development objectives to enhance the security 

20 of the borders of the United States. 

21 (10) An assessment of training programs, in22 cluding such programs relating to the following: 

23 (A) Identifying and detecting fraudulent 

24 documents. 


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1 (B) Understanding the scope of CBP en2 forcement authorities and appropriate use of 

3 force policies. 

4 (C) Screening, identifying, and addressing 

5 vulnerable populations, such as children and 

6 victims of human trafficking. 

7 SEC. 113. U.S. CUSTOMS AND BORDER PROTECTION SPIR8 ITUAL READINESS. 

9 Not later than one year after the enactment of this 

10 Act and annually thereafter for five years, the Commis11 sioner shall submit to the Committee on Homeland Secu12 rity of the House of Representatives and the Committee 

13 on Homeland Security and Governmental Affairs of the 

14 Senate a report on the availability and usage of the assist15 ance of chaplains, prayer groups, houses of worship, and 

16 other spiritual resources for members of CBP who identify 

17 as religiously affiliated and have attempted suicide, have 

18 suicidal ideation, or are at risk of suicide, and metrics on 

19 the impact such resources have in assisting religiously af20 filiated members who have access to and utilize such re21 sources compared to religiously affiliated members who do 

22 not. 

23 SEC. 114. RESTRICTIONS ON FUNDING. 

24 (a) ARRIVING ALIENS.—No funds are authorized to 

25 be appropriated to the Department to process the entry 


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1 into the United States of aliens arriving in between ports 

2 of entry. 

3 (b) RESTRICTION ON NONGOVERNMENTAL ORGANI4 ZATION SUPPORT FOR UNLAWFUL ACTIVITY.—No funds 

5 are authorized to be appropriated to the Department for 

6 disbursement to any nongovernmental organization that 

7 facilitates or encourages unlawful activity, including un8 lawful entry, human trafficking, human smuggling, drug 

9 trafficking, and drug smuggling. 

10 (c) RESTRICTION ON NONGOVERNMENTAL ORGANI11 ZATION FACILITATION OF ILLEGAL IMMIGRATION.—No 

12 funds are authorized to be appropriated to the Depart13 ment for disbursement to any nongovernmental organiza14 tion to provide, or facilitate the provision of, transpor15 tation, lodging, or immigration legal services to inadmis16 sible aliens who enter the United States after the date of 

17 the enactment of this Act. 

18 SEC. 115. COLLECTION OF DNA AND BIOMETRIC INFORMA19 TION AT THE BORDER. 

20 Not later than 14 days after the date of the enact21 ment of this Act, the Secretary shall ensure and certify 

22 to the Committee on Homeland Security of the House of 

23 Representatives and the Committee on Homeland Security 

24 and Governmental Affairs of the Senate that CBP is fully 


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1 compliant with Federal DNA and biometric collection re2 quirements at United States land borders. 

3 SEC. 116. ERADICATION OF NARCOTIC DRUGS AND FORMU4 LATING EFFECTIVE NEW TOOLS TO ADDRESS 

5 YEARLY LOSSES OF LIFE; ENSURING TIMELY 

6 UPDATES TO U.S. CUSTOMS AND BORDER 

7 PROTECTION FIELD MANUALS. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of the enactment of this Act, and not less frequently 

10 than triennially thereafter, the Commissioner of U.S. Cus11 toms and Border Protection shall review and update, as 

12 necessary, the current policies and manuals of the Office 

13 of Field Operations related to inspections at ports of 

14 entry, and the U.S. Border Patrol related to inspections 

15 between ports of entry, to ensure the uniform implementa16 tion of inspection practices that will effectively respond to 

17 technological and methodological changes designed to dis18 guise unlawful activity, such as the smuggling of drugs 

19 and humans, along the border. 

20 (b) REPORTING REQUIREMENT.—Not later than 90 

21 days after each update required under subsection (a), the 

22 Commissioner of U.S. Customs and Border Protection 

23 shall submit to the Committee on Homeland Security and 

24 the Committee on the Judiciary of the House of Rep25 resentatives and the Committee on Homeland Security 


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1 and Governmental Affairs and the Committee on the Judi2 ciary of the Senate a report that summarizes any policy 

3 and manual changes pursuant to subsection (a). 

4 SEC. 117. PUBLICATION BY U.S. CUSTOMS AND BORDER 

5 PROTECTION OF OPERATIONAL STATISTICS. 

6 (a) IN GENERAL.—Not later than the seventh day of 

7 each month beginning with the second full month after 

8 the date of the enactment of this Act, the Commissioner 

9 of U.S. Customs and Border Protection shall publish on 

10 a publicly available website of the Department of Home11 land Security information relating to the total number of 

12 alien encounters and nationalities, unique alien encounters 

13 and nationalities, gang affiliated apprehensions and na14 tionalities, drug seizures, alien encounters included in the 

15 terrorist screening database and nationalities, arrests of 

16 criminal aliens or individuals wanted by law enforcement 

17 and nationalities, known got aways, encounters with de18 ceased aliens, and all other related or associated statistics 

19 recorded by U.S. Customs and Border Protection during 

20 the immediately preceding month. Each such publication 

21 shall include the following: 

22 (1) The aggregate such number, and such num23 ber disaggregated by geographic regions, of such re24 cordings and encounters, including specifications reVerDate Sep 11 2014 22:01 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H10034.IH H10034

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1 lating to whether such recordings and encounters 

2 were at the southwest, northern, or maritime border. 

3 (2) An identification of the Office of Field Op4 erations field office, U.S. Border Patrol sector, or 

5 Air and Marine Operations branch making each re6 cording or encounter. 

7 (3) Information relating to whether each re8 cording or encounter of an alien was of a single 

9 adult, an unaccompanied alien child, or an individual 

10 in a family unit. 

11 (4) Information relating to the processing dis12 position of each alien recording or encounter. 

13 (5) Information relating to the nationality of 

14 each alien who is the subject of each recording or 

15 encounter. 

16 (6) The total number of individuals included in 

17 the terrorist screening database (as such term is de18 fined in section 2101 of the Homeland Security Act 

19 of 2002 (6 U.S.C. 621)) who have repeatedly at20 tempted to cross unlawfully into the United States. 

21 (7) The total number of individuals included in 

22 the terrorist screening database who have been ap23 prehended, including information relating to whether 

24 such individuals were released into the United States 

25 or removed. 


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1 (b) EXCEPTIONS.—If the Commissioner of U.S. Cus2 toms and Border Protection in any month does not publish 

3 the information required under subsection (a), or does not 

4 publish such information by the date specified in such sub5 section, the Commissioner shall brief the Committee on 

6 Homeland Security of the House of Representatives and 

7 the Committee on Homeland Security and Governmental 

8 Affairs of the Senate regarding the reason relating there9 to, as the case may be, by not later than the date that 

10 is two business days after the tenth day of such month. 

11 (c) DEFINITIONS.—In this section: 

12 (1) ALIEN ENCOUNTERS.—The term ‘‘alien en13 counters’’ means aliens apprehended, determined in14 admissible, or processed for removal by U.S. Cus15 toms and Border Protection. 

16 (2) GOT AWAY.—The term ‘‘got away’’ has the 

17 meaning given such term in section 1092(a) of the 

18 National Defense Authorization Act for Fiscal Year 

19 2017 (6 U.S.C. 223(a)). 

20 (3) TERRORIST SCREENING DATABASE.—The 

21 term ‘‘terrorist screening database’’ has the meaning 

22 given such term in section 2101 of the Homeland 

23 Security Act of 2002 (6 U.S.C. 621). 

24 (4) UNACCOMPANIED ALIEN CHILD.—The term 

25 ‘‘unaccompanied alien child’’ has the meaning given 


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1 such term in section 462(g) of the Homeland Secu2 rity Act of 2002 (6 U.S.C. 279(g)). 

3 SEC. 118. ALIEN CRIMINAL BACKGROUND CHECKS. 

4 (a) IN GENERAL.—Not later than seven days after 

5 the date of the enactment of this Act, the Commissioner 

6 shall certify to the Committee on Homeland Security and 

7 the Committee on the Judiciary of the House of Rep8 resentatives and the Committee on Homeland Security 

9 and Governmental Affairs and the Committee on the Judi10 ciary of the Senate that CBP has real-time access to the 

11 criminal history databases of all countries of origin and 

12 transit for aliens encountered by CBP to perform criminal 

13 history background checks for such aliens. 

14 (b) STANDARDS.—The certification required under 

15 subsection (a) shall also include a determination whether 

16 the criminal history databases of a country are accurate, 

17 up to date, digitized, searchable, and otherwise meet the 

18 standards of the Federal Bureau of Investigation for 

19 criminal history databases maintained by State and local 

20 governments. 

21 (c) CERTIFICATION.—The Secretary shall annually 

22 submit to the Committee on Homeland Security and the 

23 Committee on the Judiciary of the House of Representa24 tives and the Committee on Homeland Security and Gov25 ernmental Affairs and the Committee on the Judiciary of 


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1 the Senate a certification that each database referred to 

2 in subsection (b) which the Secretary accessed or sought 

3 to access pursuant to this section met the standards de4 scribed in subsection (b). 

5 SEC. 119. PROHIBITED IDENTIFICATION DOCUMENTS AT 

6 AIRPORT SECURITY CHECKPOINTS; NOTIFI7 CATION TO IMMIGRATION AGENCIES. 

8 (a) IN GENERAL.—The Administrator may not ac9 cept as valid proof of identification a prohibited identifica10 tion document at an airport security checkpoint. 

11 (b) NOTIFICATION TO IMMIGRATION AGENCIES.—If 

12 an individual presents a prohibited identification docu13 ment to an officer of the Transportation Security Admin14 istration at an airport security checkpoint, the Adminis15 trator shall promptly notify the Director of U.S. Immigra16 tion and Customs Enforcement, the Director of U.S. Cus17 toms and Border Protection, and the head of the appro18 priate local law enforcement agency to determine whether 

19 the individual is in violation of any term of release from 

20 the custody of any such agency. 

21 (c) ENTRY INTO STERILE AREAS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), if an individual is found to be in violation 

24 of any term of release under subsection (b), the AdVerDate Sep 11 2014 22:01 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H10034.IH H10034

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1 ministrator may not permit such individual to enter 

2 a sterile area. 

3 (2) EXCEPTION.—An individual presenting a 

4 prohibited identification document under this section 

5 may enter a sterile area if the individual— 

6 (A) is leaving the United States for the 

7 purposes of removal or deportation; or 

8 (B) presents a covered identification docu9 ment. 

10 (d) COLLECTION OF BIOMETRIC INFORMATION FROM

11 CERTAIN INDIVIDUALS SEEKING ENTRY INTO THE STER12 ILE AREA OF AN AIRPORT.—Beginning not later than 120 

13 days after the date of the enactment of this Act, the Ad14 ministrator shall collect biometric information from an in15 dividual described in subsection (e) prior to authorizing 

16 such individual to enter into a sterile area. 

17 (e) INDIVIDUAL DESCRIBED.—An individual de18 scribed in this subsection is an individual who— 

19 (1) is seeking entry into the sterile area of an 

20 airport; 

21 (2) does not present a covered identification 

22 document; and 

23 (3) the Administrator cannot verify is a na24 tional of the United States. 


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1 (f) PARTICIPATION IN IDENT.—Beginning not later 

2 than 120 days after the date of the enactment of this Act, 

3 the Administrator, in coordination with the Secretary, 

4 shall submit biometric data collected under this section to 

5 the Automated Biometric Identification System (IDENT). 

6 (g) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Transpor9 tation Security Administration. 

10 (2) BIOMETRIC INFORMATION.—The term ‘‘bio11 metric information’’ means any of the following: 

12 (A) A fingerprint. 

13 (B) A palm print. 

14 (C) A photograph, including— 

15 (i) a photograph of an individual’s 

16 face for use with facial recognition tech17 nology; and 

18 (ii) a photograph of any physical or 

19 anatomical feature, such as a scar, skin 

20 mark, or tattoo. 

21 (D) A signature. 

22 (E) A voice print. 

23 (F) An iris image. 

24 (3) COVERED IDENTIFICATION DOCUMENT.— 

25 The term ‘‘covered identification document’’ means 


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1 any of the following, if the document is valid and 

2 unexpired: 

3 (A) A United States passport or passport 

4 card. 

5 (B) A biometrically secure card issued by 

6 a trusted traveler program of the Department 

7 of Homeland Security, including— 

8 (i) Global Entry; 

9 (ii) Nexus; 

10 (iii) Secure Electronic Network for 

11 Travelers Rapid Inspection (SENTRI); 

12 and 

13 (iv) Free and Secure Trade (FAST). 

14 (C) An identification card issued by the 

15 Department of Defense, including such a card 

16 issued to a dependent. 

17 (D) Any document required for admission 

18 to the United States under section 211(a) of 

19 the Immigration and Nationality Act (8 U.S.C. 

20 1181(a)). 

21 (E) An enhanced driver’s license issued by 

22 a State. 

23 (F) A photo identification card issued by a 

24 federally recognized Indian Tribe. 


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1 (G) A personal identity verification creden2 tial issued in accordance with Homeland Secu3 rity Presidential Directive 12. 

4 (H) A driver’s license issued by a province 

5 of Canada. 

6 (I) A Secure Certificate of Indian Status 

7 issued by the Government of Canada. 

8 (J) A Transportation Worker Identifica9 tion Credential. 

10 (K) A Merchant Mariner Credential issued 

11 by the Coast Guard. 

12 (L) A Veteran Health Identification Card 

13 issued by the Department of Veterans Affairs. 

14 (M) Any other document the Administrator 

15 determines, pursuant to a rule making in ac16 cordance with section 553 of title 5, United 

17 States Code, will satisfy the identity verification 

18 procedures of the Transportation Security Ad19 ministration. 

20 (4) IMMIGRATION LAWS.—The term ‘‘immigra21 tion laws’’ has the meaning given that term in sec22 tion 101 of the Immigration and Nationality Act (8 

23 U.S.C. 1101). 

24 (5) PROHIBITED IDENTIFICATION DOCU25 MENT.—The term ‘‘prohibited identification docuVerDate Sep 11 2014 22:01 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H10034.IH H10034

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1 ment’’ means any of the following (or any applicable 

2 successor form): 

3 (A) U.S. Immigration and Customs En4 forcement Form I–200, Warrant for Arrest of 

5 Alien. 

6 (B) U.S. Immigration and Customs En7 forcement Form I–205, Warrant of Removal/ 

8 Deportation. 

9 (C) U.S. Immigration and Customs En10 forcement Form I–220A, Order of Release on 

11 Recognizance. 

12 (D) U.S. Immigration and Customs En13 forcement Form I–220B, Order of Supervision. 

14 (E) Department of Homeland Security 

15 Form I–862, Notice to Appear. 

16 (F) U.S. Customs and Border Protection 

17 Form I–94, Arrival/Departure Record (includ18 ing a print-out of an electronic record). 

19 (G) Department of Homeland Security 

20 Form I–385, Notice to Report. 

21 (H) Any document that directs an indi22 vidual to report to the Department of Home23 land Security. 


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1 (I) Any Department of Homeland Security 

2 work authorization or employment verification 

3 document. 

4 (6) STERILE AREA.—The term ‘‘sterile area’’ 

5 has the meaning given that term in section 1540.5 

6 of title 49, Code of Federal Regulations, or any suc7 cessor regulation. 

8 SEC. 120. PROHIBITION AGAINST ANY COVID–19 VACCINE 

9 MANDATE OR ADVERSE ACTION AGAINST 

10 DHS EMPLOYEES. 

11 (a) LIMITATION ON IMPOSITION OF NEW MAN12 DATE.—The Secretary may not issue any COVID–19 vac13 cine mandate unless Congress expressly authorizes such 

14 a mandate. 

15 (b) PROHIBITION ON ADVERSE ACTION.—The Sec16 retary may not take any adverse action against a Depart17 ment employee based solely on the refusal of such em18 ployee to receive a vaccine for COVID–19. 

19 (c) REPORT.—Not later than 90 days after the date 

20 of the enactment of this Act, the Secretary shall report 

21 to the Committee on Homeland Security of the House of 

22 Representatives and the Committee on Homeland Security 

23 and Governmental Affairs of the Senate on the following: 


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1 (1) The number of Department employees who 

2 were terminated or resigned due to the COVID–19 

3 vaccine mandate. 

4 (2) An estimate of the cost to reinstate such 

5 employees. 

6 (3) How the Department would effectuate rein7 statement of such employees. 

8 (d) RETENTION AND DEVELOPMENT OF

9 UNVACCINATED EMPLOYEES.—The Secretary shall make 

10 every effort to retain Department employees who are not 

11 vaccinated against COVID–19 and provide such employees 

12 with professional development, promotion and leadership 

13 opportunities, and consideration equal to that of their 

14 peers. 

15 SEC. 121. CBP ONE APP LIMITATION. 

16 (a) LIMITATION.—The Department may use the CBP 

17 One Mobile Application or any other similar program, ap18 plication, internet-based portal, website, device, or initia19 tive only for inspection of perishable cargo. 

20 (b) REPORT.—Not later than 60 days after the date 

21 of the enactment of this Act, the Commissioner shall re22 port to the Committee on Homeland Security of the House 

23 of Representatives and the Committee on Homeland Secu24 rity and Governmental Affairs of the Senate the date on 

25 which CBP began using CBP One to allow aliens to schedVerDate Sep 11 2014 22:01 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H10034.IH H10034

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1 ule interviews at land ports of entry, how many aliens have 

2 scheduled interviews at land ports of entry using CBP 

3 One, the nationalities of such aliens, and the stated final 

4 destinations of such aliens within the United States, if 

5 any. 

6 SEC. 122. REPORT ON MEXICAN DRUG CARTELS. 

7 Not later than 60 days after the date of the enact8 ment of this Act, Congress shall commission a report that 

9 contains the following: 

10 (1) A national strategy to address Mexican 

11 drug cartels, and a determination regarding whether 

12 there should be a designation established to address 

13 such cartels. 

14 (2) Information relating to actions by such car15 tels that causes harm to the United States. 

16 SEC. 123. GAO STUDY ON COSTS INCURRED BY STATES TO 

17 SECURE THE SOUTHWEST BORDER. 

18 (a) IN GENERAL.—Not later than 90 days after the 

19 date of the enactment of this Act, the Comptroller General 

20 of the United States shall conduct a study to examine the 

21 costs incurred by individual States as a result of actions 

22 taken by such States in support of the Federal mission 

23 to secure the southwest border, and the feasibility of a 

24 program to reimburse such States for such costs. 


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1 (b) CONTENTS.—The study required under sub2 section (a) shall include consideration of the following: 

3 (1) Actions taken by the Department of Home4 land Security that have contributed to costs de5 scribed in such subsection incurred by States to se6 cure the border in the absence of Federal action, in7 cluding the termination of the Migrant Protection 

8 Protocols and cancellation of border wall construc9 tion. 

10 (2) Actions taken by individual States along the 

11 southwest border to secure their borders, and the 

12 costs associated with such actions. 

13 (3) The feasibility of a program within the De14 partment of Homeland Security to reimburse States 

15 for the costs incurred in support of the Federal mis16 sion to secure the southwest border. 

17 SEC. 124. REPORT BY INSPECTOR GENERAL OF THE DE18 PARTMENT OF HOMELAND SECURITY. 

19 (a) REPORT.—Not later than one year after the date 

20 of the enactment of this Act and annually thereafter for 

21 five years, the Inspector General of the Department of 

22 Homeland Security shall submit to the Committee on 

23 Homeland Security of the House of Representatives and 

24 the Committee on Homeland Security and Governmental 

25 Affairs of the Senate a report examining the economic and 


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1 security impact of mass migration to municipalities and 

2 States along the southwest border. Such report shall in3 clude information regarding costs incurred by the fol4 lowing: 

5 (1) State and local law enforcement to secure 

6 the southwest border. 

7 (2) Public school districts to educate students 

8 who are aliens unlawfully present in the United 

9 States. 

10 (3) Healthcare providers to provide care to 

11 aliens unlawfully present in the United States who 

12 have not paid for such care. 

13 (4) Farmers and ranchers due to migration im14 pacts to their properties. 

15 (b) CONSULTATION.—To produce the report required 

16 under subsection (a), the Inspector General of the Depart17 ment of Homeland Security shall consult with the individ18 uals and representatives of the entities described in para19 graphs (1) through (4) of such subsection. 

20 SEC. 125. OFFSETTING AUTHORIZATIONS OF APPROPRIA21 TIONS. 

22 (a) OFFICE OF THE SECRETARY AND EMERGENCY

23 MANAGEMENT.—No funds are authorized to be appro24 priated for the Alternatives to Detention Case Manage25 ment Pilot Program or the Office of the Immigration DeVerDate Sep 11 2014 22:01 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H10034.IH H10034

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1 tention Ombudsman for the Office of the Secretary and 

2 Emergency Management of the Department of Homeland 

3 Security. 

4 (b) MANAGEMENT DIRECTORATE.—No funds are au5 thorized to be appropriated for electric vehicles or St. Eliz6 abeths campus construction for the Management Direc7 torate of the Department of Homeland Security. 

8 (c) INTELLIGENCE, ANALYSIS, AND SITUATIONAL

9 AWARENESS.—There is authorized to be appropriated 

10 $216,000,000 for Intelligence, Analysis, and Situational 

11 Awareness of the Department of Homeland Security. 

12 (d) U.S. CUSTOMS AND BORDER PROTECTION.—No 

13 funds are authorized to be appropriated for the Shelter 

14 Services Program for U.S. Customs and Border Protec15 tion. 

16 SEC. 126. REPORT TO CONGRESS ON FOREIGN TERRORIST 

17 ORGANIZATIONS. 

18 (a) IN GENERAL.—Not later than 90 days after the 

19 date of the enactment of this Act and annually thereafter 

20 for five years, the Secretary of Homeland Security shall 

21 submit to the Committee on Homeland Security of the 

22 House of Representatives and the Committee on Home23 land Security and Governmental Affairs of the Senate an 

24 assessment of foreign terrorist organizations attempting 


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1 to move their members or affiliates into the United States 

2 through the southern, northern, or maritime border. 

3 (b) DEFINITION.—In this section, the term ‘‘foreign 

4 terrorist organization’’ means an organization described in 

5 section 219 of the Immigration and Nationality Act (8 

6 U.S.C. 1189). 

7 SEC. 127. ASSESSMENT BY INSPECTOR GENERAL OF THE 

8 DEPARTMENT OF HOMELAND SECURITY ON 

9 THE MITIGATION OF UNMANNED AIRCRAFT 

10 SYSTEMS AT THE SOUTHWEST BORDER. 

11 Not later than 90 days after the date of the enact12 ment of this Act, the Inspector General of the Department 

13 of Homeland Security shall submit to the Committee on 

14 Homeland Security of the House of Representatives and 

15 the Committee on Homeland Security and Governmental 

16 Affairs of the Senate an assessment of U.S. Customs and 

17 Border Protection’s ability to mitigate unmanned aircraft 

18 systems at the southwest border. Such assessment shall 

19 include information regarding any intervention between 

20 January 1, 2021, and the date of the enactment of this 

21 Act, by any Federal agency affecting in any manner U.S. 

22 Customs and Border Protection’s authority to so mitigate 

23 such systems. 


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1 DIVISION B—IMMIGRATION EN2 FORCEMENT AND FOREIGN 

3 AFFAIRS 

4 TITLE I—ASYLUM REFORM AND 

5 BORDER PROTECTION 

6 SEC. 101. SAFE THIRD COUNTRY. 

7 Section 208(a)(2)(A) of the Immigration and Nation8 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 

9 (1) by striking ‘‘if the Attorney General deter10 mines’’ and inserting ‘‘if the Attorney General or the 

11 Secretary of Homeland Security determines—’’; 

12 (2) by striking ‘‘that the alien may be removed’’ 

13 and inserting the following: 

14 ‘‘(i) that the alien may be removed’’; 

15 (3) by striking ‘‘, pursuant to a bilateral or 

16 multilateral agreement, to’’ and inserting ‘‘to’’; 

17 (4) by inserting ‘‘or the Secretary, on a case by 

18 case basis,’’ before ‘‘finds that’’; 

19 (5) by striking the period at the end and insert20 ing ‘‘; or’’; and 

21 (6) by adding at the end the following: 

22 ‘‘(ii) that the alien entered, attempted to enter, 

23 or arrived in the United States after transiting 

24 through at least one country outside the alien’s 

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1 bitual residence en route to the United States, un2 less— 

3 ‘‘(I) the alien demonstrates that he or she 

4 applied for protection from persecution or tor5 ture in at least one country outside the alien’s 

6 country of citizenship, nationality, or last lawful 

7 habitual residence through which the alien 

8 transited en route to the United States, and the 

9 alien received a final judgment denying the 

10 alien protection in each country; 

11 ‘‘(II) the alien demonstrates that he or she 

12 was a victim of a severe form of trafficking in 

13 which a commercial sex act was induced by 

14 force, fraud, or coercion, or in which the person 

15 induced to perform such act was under the age 

16 of 18 years; or in which the trafficking included 

17 the recruitment, harboring, transportation, pro18 vision, or obtaining of a person for labor or 

19 services through the use of force, fraud, or coer20 cion for the purpose of subjection to involuntary 

21 servitude, peonage, debt bondage, or slavery, 

22 and was unable to apply for protection from 

23 persecution in each country through which the 

24 alien transited en route to the United States as 

25 a result of such severe form of trafficking; or 


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1 ‘‘(III) the only countries through which the 

2 alien transited en route to the United States 

3 were, at the time of the transit, not parties to 

4 the 1951 United Nations Convention relating to 

5 the Status of Refugees, the 1967 Protocol Re6 lating to the Status of Refugees, or the United 

7 Nations Convention against Torture and Other 

8 Cruel, Inhuman or Degrading Treatment or 

9 Punishment.’’. 

10 SEC. 102. CREDIBLE FEAR INTERVIEWS. 

11 Section 235(b)(1)(B)(v) of the Immigration and Na12 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

13 striking ‘‘there is a significant possibility’’ and all that fol14 lows, and inserting ‘‘, taking into account the credibility 

15 of the statements made by the alien in support of the 

16 alien’s claim, as determined pursuant to section 

17 208(b)(1)(B)(iii), and such other facts as are known to 

18 the officer, the alien more likely than not could establish 

19 eligibility for asylum under section 208, and it is more 

20 likely than not that the statements made by, and on behalf 

21 of, the alien in support of the alien’s claim are true.’’. 

22 SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY. 

23 (a) IN GENERAL.—Section 208(b)(1)(A) of the Im24 migration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) 

25 is amended by inserting after ‘‘section 101(a)(42)(A)’’ the 


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1 following: ‘‘(in accordance with the rules set forth in this 

2 section), and is eligible to apply for asylum under sub3 section (a)’’. 

4 (b) PLACE OF ARRIVAL.—Section 208(a)(1) of the 

5 Immigration and Nationality Act (8 U.S.C. 1158(a)(1)) 

6 is amended— 

7 (1) by striking ‘‘or who arrives in the United 

8 States (whether or not at a designated port of ar9 rival and including an alien who is brought to the 

10 United States after having been interdicted in inter11 national or United States waters),’’; and 

12 (2) by inserting after ‘‘United States’’ the fol13 lowing: ‘‘and has arrived in the United States at a 

14 port of entry (including an alien who is brought to 

15 the United States after having been interdicted in 

16 international or United States waters),’’. 

17 SEC. 104. EXCEPTIONS. 

18 Paragraph (2) of section 208(b) of the Immigration 

19 and Nationality Act (8 U.S.C. 1158(b)(2)) is amended to 

20 read as follows: 

21 ‘‘(2) EXCEPTIONS.— 

22 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

23 not apply to an alien if the Secretary of Home24 land Security or the Attorney General deter25 mines that— 


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1 ‘‘(i) the alien ordered, incited, as2 sisted, or otherwise participated in the per3 secution of any person on account of race, 

4 religion, nationality, membership in a par5 ticular social group, or political opinion; 

6 ‘‘(ii) the alien has been convicted of 

7 any felony under Federal, State, Tribal, or 

8 local law; 

9 ‘‘(iii) the alien has been convicted of 

10 any misdemeanor offense under Federal, 

11 State, Tribal, or local law involving— 

12 ‘‘(I) the unlawful possession or 

13 use of an identification document, au14 thentication feature, or false identi15 fication document (as those terms and 

16 phrases are defined in the jurisdiction 

17 where the conviction occurred), unless 

18 the alien can establish that the convic19 tion resulted from circumstances 

20 showing that— 

21 ‘‘(aa) the document or fea22 ture was presented before board23 ing a common carrier; 


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1 ‘‘(bb) the document or fea2 ture related to the alien’s eligi3 bility to enter the United States; 

4 ‘‘(cc) the alien used the doc5 ument or feature to depart a 

6 country wherein the alien has 

7 claimed a fear of persecution; 

8 and 

9 ‘‘(dd) the alien claimed a 

10 fear of persecution without delay 

11 upon presenting himself or her12 self to an immigration officer 

13 upon arrival at a United States 

14 port of entry; 

15 ‘‘(II) the unlawful receipt of a 

16 Federal public benefit (as defined in 

17 section 401(c) of the Personal Re18 sponsibility and Work Opportunity 

19 Reconciliation Act of 1996 (8 U.S.C. 

20 1611(c))), from a Federal entity, or 

21 the unlawful receipt of similar public 

22 benefits from a State, tribal, or local 

23 entity; or 

24 ‘‘(III) possession or trafficking of 

25 a controlled substance or controlled 


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1 substance paraphernalia, as those 

2 phrases are defined under the law of 

3 the jurisdiction where the conviction 

4 occurred, other than a single offense 

5 involving possession for one’s own use 

6 of 30 grams or less of marijuana (as 

7 marijuana is defined under the law of 

8 the jurisdiction where the conviction 

9 occurred); 

10 ‘‘(iv) the alien has been convicted of 

11 an offense arising under paragraph (1)(A) 

12 or (2) of section 274(a), or under section 

13 276; 

14 ‘‘(v) the alien has been convicted of a 

15 Federal, State, Tribal, or local crime that 

16 the Attorney General or Secretary of 

17 Homeland Security knows, or has reason 

18 to believe, was committed in support, pro19 motion, or furtherance of the activity of a 

20 criminal street gang (as defined under the 

21 law of the jurisdiction where the conviction 

22 occurred or in section 521(a) of title 18, 

23 United States Code); 

24 ‘‘(vi) the alien has been convicted of 

25 an offense for driving while intoxicated or 


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1 impaired, as those terms are defined under 

2 the law of the jurisdiction where the con3 viction occurred (including a conviction for 

4 driving while under the influence of or im5 paired by alcohol or drugs), without regard 

6 to whether the conviction is classified as a 

7 misdemeanor or felony under Federal, 

8 State, Tribal, or local law, in which such 

9 intoxicated or impaired driving was a cause 

10 of serious bodily injury or death of another 

11 person; 

12 ‘‘(vii) the alien has been convicted of 

13 more than one offense for driving while in14 toxicated or impaired, as those terms are 

15 defined under the law of the jurisdiction 

16 where the conviction occurred (including a 

17 conviction for driving while under the in18 fluence of or impaired by alcohol or drugs), 

19 without regard to whether the conviction is 

20 classified as a misdemeanor or felony 

21 under Federal, State, Tribal, or local law; 

22 ‘‘(viii) the alien has been convicted of 

23 a crime— 

24 ‘‘(I) that involves conduct 

25 amounting to a crime of stalking; 


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1 ‘‘(II) of child abuse, child ne2 glect, or child abandonment; or 

3 ‘‘(III) that involves conduct 

4 amounting to a domestic assault or 

5 battery offense, including— 

6 ‘‘(aa) a misdemeanor crime 

7 of domestic violence, as described 

8 in section 921(a)(33) of title 18, 

9 United States Code; 

10 ‘‘(bb) a crime of domestic vi11 olence, as described in section 

12 40002(a)(12) of the Violence 

13 Against Women Act of 1994 (34 

14 U.S.C. 12291(a)(12)); or 

15 ‘‘(cc) any crime based on 

16 conduct in which the alien har17 assed, coerced, intimidated, vol18 untarily or recklessly used (or 

19 threatened to use) force or vio20 lence against, or inflicted phys21 ical injury or physical pain, how22 ever slight, upon a person— 

23 ‘‘(AA) who is a current 

24 or former spouse of the 

25 alien; 


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1 ‘‘(BB) with whom the 

2 alien shares a child; 

3 ‘‘(CC) who is cohabi4 tating with, or who has 

5 cohabitated with, the alien 

6 as a spouse; 

7 ‘‘(DD) who is similarly 

8 situated to a spouse of the 

9 alien under the domestic or 

10 family violence laws of the 

11 jurisdiction where the of12 fense occurred; or 

13 ‘‘(EE) who is protected 

14 from that alien’s acts under 

15 the domestic or family vio16 lence laws of the United 

17 States or of any State, Trib18 al government, or unit of 

19 local government; 

20 ‘‘(ix) the alien has engaged in acts of 

21 battery or extreme cruelty upon a person 

22 and the person— 

23 ‘‘(I) is a current or former 

24 spouse of the alien; 


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1 ‘‘(II) shares a child with the 

2 alien; 

3 ‘‘(III) cohabitates or has 

4 cohabitated with the alien as a spouse; 

5 ‘‘(IV) is similarly situated to a 

6 spouse of the alien under the domestic 

7 or family violence laws of the jurisdic8 tion where the offense occurred; or 

9 ‘‘(V) is protected from that 

10 alien’s acts under the domestic or 

11 family violence laws of the United 

12 States or of any State, Tribal govern13 ment, or unit of local government; 

14 ‘‘(x) the alien, having been convicted 

15 by a final judgment of a particularly seri16 ous crime, constitutes a danger to the com17 munity of the United States; 

18 ‘‘(xi) there are serious reasons for be19 lieving that the alien has committed a seri20 ous nonpolitical crime outside the United 

21 States prior to the arrival of the alien in 

22 the United States; 

23 ‘‘(xii) there are reasonable grounds 

24 for regarding the alien as a danger to the 

25 security of the United States; 


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1 ‘‘(xiii) the alien is described in sub2 clause (I), (II), (III), (IV), or (VI) of sec3 tion 212(a)(3)(B)(i) or section 

4 237(a)(4)(B) (relating to terrorist activ5 ity), unless, in the case only of an alien in6 admissible under subclause (IV) of section 

7 212(a)(3)(B)(i), the Secretary of Home8 land Security or the Attorney General de9 termines, in the Secretary’s or the Attor10 ney General’s discretion, that there are not 

11 reasonable grounds for regarding the alien 

12 as a danger to the security of the United 

13 States; 

14 ‘‘(xiv) the alien was firmly resettled in 

15 another country prior to arriving in the 

16 United States; or 

17 ‘‘(xv) there are reasonable grounds for 

18 concluding the alien could avoid persecu19 tion by relocating to another part of the 

20 alien’s country of nationality or, in the 

21 case of an alien having no nationality, an22 other part of the alien’s country of last ha23 bitual residence. 

24 ‘‘(B) SPECIAL RULES.— 


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1 ‘‘(i) PARTICULARLY SERIOUS CRIME; 

2 SERIOUS NONPOLITICAL CRIME OUTSIDE

3 THE UNITED STATES.— 

4 ‘‘(I) IN GENERAL.—For purposes 

5 of subparagraph (A)(x), the Attorney 

6 General or Secretary of Homeland Se7 curity, in their discretion, may deter8 mine that a conviction constitutes a 

9 particularly serious crime based on— 

10 ‘‘(aa) the nature of the con11 viction; 

12 ‘‘(bb) the type of sentence 

13 imposed; or 

14 ‘‘(cc) the circumstances and 

15 underlying facts of the convic16 tion. 

17 ‘‘(II) DETERMINATION.—In mak18 ing a determination under subclause 

19 (I), the Attorney General or Secretary 

20 of Homeland Security may consider 

21 all reliable information and is not lim22 ited to facts found by the criminal 

23 court or provided in the underlying 

24 record of conviction. 


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1 ‘‘(III) TREATMENT OF FELO2 NIES.—In making a determination 

3 under subclause (I), an alien who has 

4 been convicted of a felony (as defined 

5 under this section) or an aggravated 

6 felony (as defined under section 

7 101(a)(43)), shall be considered to 

8 have been convicted of a particularly 

9 serious crime. 

10 ‘‘(IV) INTERPOL RED NOTICE.— 

11 In making a determination under sub12 paragraph (A)(xi), an Interpol Red 

13 Notice may constitute reliable evi14 dence that the alien has committed a 

15 serious nonpolitical crime outside the 

16 United States. 

17 ‘‘(ii) CRIMES AND EXCEPTIONS.— 

18 ‘‘(I) DRIVING WHILE INTOXI19 CATED OR IMPAIRED.—A finding 

20 under subparagraph (A)(vi) does not 

21 require the Attorney General or Sec22 retary of Homeland Security to find 

23 the first conviction for driving while 

24 intoxicated or impaired (including a 

25 conviction for driving while under the 


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1 influence of or impaired by alcohol or 

2 drugs) as a predicate offense. The At3 torney General or Secretary of Home4 land Security need only make a fac5 tual determination that the alien pre6 viously was convicted for driving while 

7 intoxicated or impaired as those terms 

8 are defined under the jurisdiction 

9 where the conviction occurred (includ10 ing a conviction for driving while 

11 under the influence of or impaired by 

12 alcohol or drugs). 

13 ‘‘(II) STALKING AND OTHER

14 CRIMES.—In making a determination 

15 under subparagraph (A)(viii), includ16 ing determining the existence of a do17 mestic relationship between the alien 

18 and the victim, the underlying conduct 

19 of the crime may be considered, and 

20 the Attorney General or Secretary of 

21 Homeland Security is not limited to 

22 facts found by the criminal court or 

23 provided in the underlying record of 

24 conviction. 


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1 ‘‘(III) BATTERY OR EXTREME

2 CRUELTY.—In making a determina3 tion under subparagraph (A)(ix), the 

4 phrase ‘battery or extreme cruelty’ in5 cludes— 

6 ‘‘(aa) any act or threatened 

7 act of violence, including any 

8 forceful detention, which results 

9 or threatens to result in physical 

10 or mental injury; 

11 ‘‘(bb) psychological or sexual 

12 abuse or exploitation, including 

13 rape, molestation, incest, or 

14 forced prostitution, shall be con15 sidered acts of violence; and 

16 ‘‘(cc) other abusive acts, in17 cluding acts that, in and of them18 selves, may not initially appear 

19 violent, but that are a part of an 

20 overall pattern of violence. 

21 ‘‘(IV) EXCEPTION FOR VICTIMS

22 OF DOMESTIC VIOLENCE.—An alien 

23 who was convicted of an offense de24 scribed in clause (viii) or (ix) of sub25 paragraph (A) is not ineligible for 


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1 asylum on that basis if the alien satis2 fies the criteria under section 

3 237(a)(7)(A). 

4 ‘‘(C) SPECIFIC CIRCUMSTANCES.—Para5 graph (1) shall not apply to an alien whose 

6 claim is based on— 

7 ‘‘(i) personal animus or retribution, 

8 including personal animus in which the al9 leged persecutor has not targeted, or mani10 fested an animus against, other members 

11 of an alleged particular social group in ad12 dition to the member who has raised the 

13 claim at issue; 

14 ‘‘(ii) the applicant’s generalized dis15 approval of, disagreement with, or opposi16 tion to criminal, terrorist, gang, guerilla, 

17 or other non-state organizations absent ex18 pressive behavior in furtherance of a dis19 crete cause against such organizations re20 lated to control of a State or expressive be21 havior that is antithetical to the State or 

22 a legal unit of the State; 

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1 nal, gang, terrorist, or other non-state or2 ganizations; 

3 ‘‘(iv) the targeting of the applicant for 

4 criminal activity for financial gain based 

5 on wealth or affluence or perceptions of 

6 wealth or affluence; 

7 ‘‘(v) the applicant’s criminal activity; 

8 or 

9 ‘‘(vi) the applicant’s perceived, past or 

10 present, gang affiliation. 

11 ‘‘(D) DEFINITIONS AND CLARIFICA12 TIONS.— 

13 ‘‘(i) DEFINITIONS.—For purposes of 

14 this paragraph: 

15 ‘‘(I) FELONY.—The term ‘felony’ 

16 means— 

17 ‘‘(aa) any crime defined as a 

18 felony by the relevant jurisdiction 

19 (Federal, State, Tribal, or local) 

20 of conviction; or 

21 ‘‘(bb) any crime punishable 

22 by more than one year of impris23 onment. 

24 ‘‘(II) MISDEMEANOR.—The term 

25 ‘misdemeanor’ means— 


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1 ‘‘(aa) any crime defined as a 

2 misdemeanor by the relevant ju3 risdiction (Federal, State, Tribal, 

4 or local) of conviction; or 

5 ‘‘(bb) any crime not punish6 able by more than one year of 

7 imprisonment. 

8 ‘‘(ii) CLARIFICATIONS.— 

9 ‘‘(I) CONSTRUCTION.—For pur10 poses of this paragraph, whether any 

11 activity or conviction also may con12 stitute a basis for removal is immate13 rial to a determination of asylum eli14 gibility. 

15 ‘‘(II) ATTEMPT, CONSPIRACY, OR

16 SOLICITATION.—For purposes of this 

17 paragraph, all references to a criminal 

18 offense or criminal conviction shall be 

19 deemed to include any attempt, con20 spiracy, or solicitation to commit the 

21 offense or any other inchoate form of 

22 the offense. 

23 ‘‘(III) EFFECT OF CERTAIN OR24 DERS.— 


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1 ‘‘(aa) IN GENERAL.—No 

2 order vacating a conviction, 

3 modifying a sentence, clarifying a 

4 sentence, or otherwise altering a 

5 conviction or sentence shall have 

6 any effect under this paragraph 

7 unless the Attorney General or 

8 Secretary of Homeland Security 

9 determines that— 

10 ‘‘(AA) the court issuing 

11 the order had jurisdiction 

12 and authority to do so; and 

13 ‘‘(BB) the order was 

14 not entered for rehabilitative 

15 purposes or for purposes of 

16 ameliorating the immigra17 tion consequences of the 

18 conviction or sentence. 

19 ‘‘(bb) AMELIORATING IMMI20 GRATION CONSEQUENCES.—For 

21 purposes of item (aa)(BB), the 

22 order shall be presumed to be for 

23 the purpose of ameliorating im24 migration consequences if— 


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1 ‘‘(AA) the order was 

2 entered after the initiation 

3 of any proceeding to remove 

4 the alien from the United 

5 States; or 

6 ‘‘(BB) the alien moved 

7 for the order more than one 

8 year after the date of the 

9 original order of conviction 

10 or sentencing, whichever is 

11 later. 

12 ‘‘(cc) AUTHORITY OF IMMI13 GRATION JUDGE.—An immigra14 tion judge is not limited to con15 sideration only of material in16 cluded in any order vacating a 

17 conviction, modifying a sentence, 

18 or clarifying a sentence to deter19 mine whether such order should 

20 be given any effect under this 

21 paragraph, but may consider 

22 such additional information as 

23 the immigration judge determines 

24 appropriate. 


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1 ‘‘(E) ADDITIONAL LIMITATIONS.—The 

2 Secretary of Homeland Security or the Attorney 

3 General may by regulation establish additional 

4 limitations and conditions, consistent with this 

5 section, under which an alien shall be ineligible 

6 for asylum under paragraph (1). 

7 ‘‘(F) NO JUDICIAL REVIEW.—There shall 

8 be no judicial review of a determination of the 

9 Secretary of Homeland Security or the Attorney 

10 General under subparagraph (A)(xiii).’’. 

11 SEC. 105. EMPLOYMENT AUTHORIZATION. 

12 Paragraph (2) of section 208(d) of the Immigration 

13 and Nationality Act (8 U.S.C. 1158(d)) is amended to 

14 read as follows: 

15 ‘‘(2) EMPLOYMENT AUTHORIZATION.— 

16 ‘‘(A) AUTHORIZATION PERMITTED.—An 

17 applicant for asylum is not entitled to employ18 ment authorization, but such authorization may 

19 be provided under regulation by the Secretary 

20 of Homeland Security. An applicant who is not 

21 otherwise eligible for employment authorization 

22 shall not be granted such authorization prior to 

23 the date that is 180 days after the date of filing 

24 of the application for asylum. 


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1 ‘‘(B) TERMINATION.—Each grant of em2 ployment authorization under subparagraph 

3 (A), and any renewal or extension thereof, shall 

4 be valid for a period of 6 months, except that 

5 such authorization, renewal, or extension shall 

6 terminate prior to the end of such 6 month pe7 riod as follows: 

8 ‘‘(i) Immediately following the denial 

9 of an asylum application by an asylum offi10 cer, unless the case is referred to an immi11 gration judge. 

12 ‘‘(ii) 30 days after the date on which 

13 an immigration judge denies an asylum ap14 plication, unless the alien timely appeals to 

15 the Board of Immigration Appeals. 

16 ‘‘(iii) Immediately following the denial 

17 by the Board of Immigration Appeals of an 

18 appeal of a denial of an asylum applica19 tion. 

20 ‘‘(C) RENEWAL.—The Secretary of Home21 land Security may not grant, renew, or extend 

22 employment authorization to an alien if the 

23 alien was previously granted employment au24 thorization under subparagraph (A), and the 

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1 suant to a circumstance described in subpara2 graph (B)(i), (ii), or (iii), unless a Federal 

3 court of appeals remands the alien’s case to the 

4 Board of Immigration Appeals. 

5 ‘‘(D) INELIGIBILITY.—The Secretary of 

6 Homeland Security may not grant employment 

7 authorization to an alien under this paragraph 

8 if the alien— 

9 ‘‘(i) is ineligible for asylum under sub10 section (b)(2)(A); or 

11 ‘‘(ii) entered or attempted to enter the 

12 United States at a place and time other 

13 than lawfully through a United States port 

14 of entry.’’. 

15 SEC. 106. ASYLUM FEES. 

16 Paragraph (3) of section 208(d) of the Immigration 

17 and Nationality Act (8 U.S.C. 1158(d)) is amended to 

18 read as follows: 

19 ‘‘(3) FEES.— 

20 ‘‘(A) APPLICATION FEE.—A fee of not less 

21 than $50 for each application for asylum shall 

22 be imposed. Such fee shall not exceed the cost 

23 of adjudicating the application. Such fee shall 

24 not apply to an unaccompanied alien child who 


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1 files an asylum application in proceedings under 

2 section 240. 

3 ‘‘(B) EMPLOYMENT AUTHORIZATION.—A 

4 fee may also be imposed for the consideration 

5 of an application for employment authorization 

6 under this section and for adjustment of status 

7 under section 209(b). Such a fee shall not ex8 ceed the cost of adjudicating the application. 

9 ‘‘(C) PAYMENT.—Fees under this para10 graph may be assessed and paid over a period 

11 of time or by installments. 

12 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

13 in this paragraph shall be construed to limit the 

14 authority of the Attorney General or Secretary 

15 of Homeland Security to set adjudication and 

16 naturalization fees in accordance with section 

17 286(m).’’. 

18 SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY. 

19 Section 208 of the Immigration and Nationality Act 

20 (8 U.S.C. 1158) is amended by adding at the end the fol21 lowing: 

22 ‘‘(f) RULES FOR DETERMINING ASYLUM ELIGI23 BILITY.—In making a determination under subsection 

24 (b)(1)(A) with respect to whether an alien is a refugee 


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1 within the meaning of section 101(a)(42)(A), the following 

2 shall apply: 

3 ‘‘(1) PARTICULAR SOCIAL GROUP.—The Sec4 retary of Homeland Security or the Attorney Gen5 eral shall not determine that an alien is a member 

6 of a particular social group unless the alien articu7 lates on the record, or provides a basis on the record 

8 for determining, the definition and boundaries of the 

9 alleged particular social group, establishes that the 

10 particular social group exists independently from the 

11 alleged persecution, and establishes that the alien’s 

12 claim of membership in a particular social group 

13 does not involve— 

14 ‘‘(A) past or present criminal activity or 

15 association (including gang membership); 

16 ‘‘(B) presence in a country with general17 ized violence or a high crime rate; 

18 ‘‘(C) being the subject of a recruitment ef19 fort by criminal, terrorist, or persecutory 

20 groups; 

21 ‘‘(D) the targeting of the applicant for 

22 criminal activity for financial gain based on per23 ceptions of wealth or affluence; 


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1 ‘‘(E) interpersonal disputes of which gov2 ernmental authorities in the relevant society or 

3 region were unaware or uninvolved; 

4 ‘‘(F) private criminal acts of which govern5 mental authorities in the relevant society or re6 gion were unaware or uninvolved; 

7 ‘‘(G) past or present terrorist activity or 

8 association; 

9 ‘‘(H) past or present persecutory activity 

10 or association; or 

11 ‘‘(I) status as an alien returning from the 

12 United States. 

13 ‘‘(2) POLITICAL OPINION.—The Secretary of 

14 Homeland Security or the Attorney General may not 

15 determine that an alien holds a political opinion with 

16 respect to which the alien is subject to persecution 

17 if the political opinion is constituted solely by gener18 alized disapproval of, disagreement with, or opposi19 tion to criminal, terrorist, gang, guerilla, or other 

20 non-state organizations and does not include expres21 sive behavior in furtherance of a cause against such 

22 organizations related to efforts by the State to con23 trol such organizations or behavior that is antithet24 ical to or otherwise opposes the ruling legal entity of 

25 the State or a unit thereof. 


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1 ‘‘(3) PERSECUTION.—The Secretary of Home2 land Security or the Attorney General may not de3 termine that an alien has been subject to persecution 

4 or has a well-founded fear of persecution based only 

5 on— 

6 ‘‘(A) the existence of laws or government 

7 policies that are unenforced or infrequently en8 forced, unless there is credible evidence that 

9 such a law or policy has been or would be ap10 plied to the applicant personally; or 

11 ‘‘(B) the conduct of rogue foreign govern12 ment officials acting outside the scope of their 

13 official capacity. 

14 ‘‘(4) DISCRETIONARY DETERMINATION.— 

15 ‘‘(A) ADVERSE DISCRETIONARY FAC16 TORS.—The Secretary of Homeland Security or 

17 the Attorney General may only grant asylum to 

18 an alien if the alien establishes that he or she 

19 warrants a favorable exercise of discretion. In 

20 making such a determination, the Attorney 

21 General or Secretary of Homeland Security 

22 shall consider, if applicable, an alien’s use of 

23 fraudulent documents to enter the United 

24 States, unless the alien arrived in the United 

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1 plicant’s home country without transiting 

2 through any other country. 

3 ‘‘(B) FAVORABLE EXERCISE OF DISCRE4 TION NOT PERMITTED.—Except as provided in 

5 subparagraph (C), the Attorney General or Sec6 retary of Homeland Security shall not favorably 

7 exercise discretion under this section for any 

8 alien who— 

9 ‘‘(i) has accrued more than one year 

10 of unlawful presence in the United States, 

11 as defined in sections 212(a)(9)(B)(ii) and 

12 (iii), prior to filing an application for asy13 lum; 

14 ‘‘(ii) at the time the asylum applica15 tion is filed with the immigration court or 

16 is referred from the Department of Home17 land Security, has— 

18 ‘‘(I) failed to timely file (or time19 ly file a request for an extension of 

20 time to file) any required Federal, 

21 State, or local income tax returns; 

22 ‘‘(II) failed to satisfy any out23 standing Federal, State, or local tax 

24 obligations; or 


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1 ‘‘(III) income that would result 

2 in tax liability under section 1 of the 

3 Internal Revenue Code of 1986 and 

4 that was not reported to the Internal 

5 Revenue Service; 

6 ‘‘(iii) has had two or more prior asy7 lum applications denied for any reason; 

8 ‘‘(iv) has withdrawn a prior asylum 

9 application with prejudice or been found to 

10 have abandoned a prior asylum application; 

11 ‘‘(v) failed to attend an interview re12 garding his or her asylum application with 

13 the Department of Homeland Security, un14 less the alien shows by a preponderance of 

15 the evidence that— 

16 ‘‘(I) exceptional circumstances 

17 prevented the alien from attending the 

18 interview; or 

19 ‘‘(II) the interview notice was not 

20 mailed to the last address provided by 

21 the alien or the alien’s representative 

22 and neither the alien nor the alien’s 

23 representative received notice of the 

24 interview; or 


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1 ‘‘(vi) was subject to a final order of 

2 removal, deportation, or exclusion and did 

3 not file a motion to reopen to seek asylum 

4 based on changed country conditions with5 in one year of the change in country condi6 tions. 

7 ‘‘(C) EXCEPTIONS.—If one or more of the 

8 adverse discretionary factors set forth in sub9 paragraph (B) are present, the Attorney Gen10 eral or the Secretary, may, notwithstanding 

11 such subparagraph (B), favorably exercise dis12 cretion under section 208— 

13 ‘‘(i) in extraordinary circumstances, 

14 such as those involving national security or 

15 foreign policy considerations; or 

16 ‘‘(ii) if the alien, by clear and con17 vincing evidence, demonstrates that the de18 nial of the application for asylum would re19 sult in exceptional and extremely unusual 

20 hardship to the alien. 

21 ‘‘(5) LIMITATION.—If the Secretary or the At22 torney General determines that an alien fails to sat23 isfy the requirement under paragraph (1), the alien 

24 may not be granted asylum based on membership in 

25 a particular social group, and may not appeal the 


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1 determination of the Secretary or Attorney General, 

2 as applicable. A determination under this paragraph 

3 shall not serve as the basis for any motion to reopen 

4 or reconsider an application for asylum or with5 holding of removal for any reason, including a claim 

6 of ineffective assistance of counsel, unless the alien 

7 complies with the procedural requirements for such 

8 a motion and demonstrates that counsel’s failure to 

9 define, or provide a basis for defining, a formulation 

10 of a particular social group was both not a strategic 

11 choice and constituted egregious conduct. 

12 ‘‘(6) STEREOTYPES.—Evidence offered in sup13 port of an application for asylum that promotes cul14 tural stereotypes about a country, its inhabitants, or 

15 an alleged persecutor, including stereotypes based on 

16 race, religion, nationality, or gender, shall not be ad17 missible in adjudicating that application, except that 

18 evidence that an alleged persecutor holds 

19 stereotypical views of the applicant shall be admis20 sible. 

21 ‘‘(7) DEFINITIONS.—In this section: 

22 ‘‘(A) The term ‘membership in a particular 

23 social group’ means membership in a group 

24 that is— 


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1 ‘‘(i) composed of members who share 

2 a common immutable characteristic; 

3 ‘‘(ii) defined with particularity; and 

4 ‘‘(iii) socially distinct within the soci5 ety in question. 

6 ‘‘(B) The term ‘political opinion’ means an 

7 ideal or conviction in support of the furtherance 

8 of a discrete cause related to political control of 

9 a state or a unit thereof. 

10 ‘‘(C) The term ‘persecution’ means the in11 fliction of a severe level of harm constituting an 

12 exigent threat by the government of a country 

13 or by persons or an organization that the gov14 ernment was unable or unwilling to control. 

15 Such term does not include— 

16 ‘‘(i) generalized harm or violence that 

17 arises out of civil, criminal, or military 

18 strife in a country; 

19 ‘‘(ii) all treatment that the United 

20 States regards as unfair, offensive, unjust, 

21 unlawful, or unconstitutional; 

22 ‘‘(iii) intermittent harassment, includ23 ing brief detentions; 

24 ‘‘(iv) threats with no actual effort to 

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1 larized threats of severe harm of an imme2 diate and menacing nature made by an 

3 identified entity may constitute persecu4 tion; or 

5 ‘‘(v) non-severe economic harm or 

6 property damage.’’. 

7 SEC. 108. FIRM RESETTLEMENT. 

8 Section 208 of the Immigration and Nationality Act 

9 (8 U.S.C. 1158), as amended by this title, is further 

10 amended by adding at the end the following: 

11 ‘‘(g) FIRM RESETTLEMENT.—In determining wheth12 er an alien was firmly resettled in another country prior 

13 to arriving in the United States under subsection 

14 (b)(2)(A)(xiv), the following shall apply: 

15 ‘‘(1) IN GENERAL.—An alien shall be consid16 ered to have firmly resettled in another country if, 

17 after the events giving rise to the alien’s asylum 

18 claim— 

19 ‘‘(A) the alien resided in a country through 

20 which the alien transited prior to arriving in or 

21 entering the United States and— 

22 ‘‘(i) received or was eligible for any 

23 permanent legal immigration status in that 

24 country; 


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1 ‘‘(ii) resided in such a country with 

2 any non-permanent but indefinitely renew3 able legal immigration status (including 

4 asylee, refugee, or similar status, but ex5 cluding status of a tourist); or 

6 ‘‘(iii) resided in such a country and 

7 could have applied for and obtained an im8 migration status described in clause (ii); 

9 ‘‘(B) the alien physically resided volun10 tarily, and without continuing to suffer persecu11 tion or torture, in any one country for one year 

12 or more after departing his country of nation13 ality or last habitual residence and prior to ar14 rival in or entry into the United States, except 

15 for any time spent in Mexico by an alien who 

16 is not a native or citizen of Mexico solely as a 

17 direct result of being returned to Mexico pursu18 ant to section 235(b)(3) or of being subject to 

19 metering; or 

20 ‘‘(C) the alien is a citizen of a country 

21 other than the country in which the alien al22 leges a fear of persecution, or was a citizen of 

23 such a country in the case of an alien who re24 nounces such citizenship, and the alien was 

25 present in that country after departing his 


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1 country of nationality or last habitual residence 

2 and prior to arrival in or entry into the United 

3 States. 

4 ‘‘(2) BURDEN OF PROOF.—If an immigration 

5 judge determines that an alien has firmly resettled 

6 in another country under paragraph (1), the alien 

7 shall bear the burden of proving the bar does not 

8 apply. 

9 ‘‘(3) FIRM RESETTLEMENT OF PARENT.—An 

10 alien shall be presumed to have been firmly resettled 

11 in another country if the alien’s parent was firmly 

12 resettled in another country, the parent’s resettle13 ment occurred before the alien turned 18 years of 

14 age, and the alien resided with such parent at the 

15 time of the firm resettlement, unless the alien estab16 lishes that he or she could not have derived any per17 manent legal immigration status or any non-perma18 nent but indefinitely renewable legal immigration 

19 status (including asylum, refugee, or similar status, 

20 but excluding status of a tourist) from the alien’s 

21 parent.’’. 


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1 SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM AP2 PLICATIONS. 

3 (a) IN GENERAL.—Section 208(d)(4) of the Immi4 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 

5 amended— 

6 (1) in the matter preceding subparagraph (A), 

7 by inserting ‘‘the Secretary of Homeland Security 

8 or’’ before ‘‘the Attorney General’’; 

9 (2) in subparagraph (A), by striking ‘‘and of 

10 the consequences, under paragraph (6), of knowingly 

11 filing a frivolous application for asylum; and’’ and 

12 inserting a semicolon; 

13 (3) in subparagraph (B), by striking the period 

14 and inserting ‘‘; and’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(C) ensure that a written warning ap17 pears on the asylum application advising the 

18 alien of the consequences of filing a frivolous 

19 application and serving as notice to the alien of 

20 the consequence of filing a frivolous applica21 tion.’’. 

22 (b) CONFORMING AMENDMENT.—Section 208(d)(6) 

23 of the Immigration and Nationality Act (8 U.S.C. 

24 1158(d)(6)) is amended by striking ‘‘If the’’ and all that 

25 follows and inserting: 


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1 ‘‘(A) IN GENERAL.—If the Secretary of 

2 Homeland Security or the Attorney General de3 termines that an alien has knowingly made a 

4 frivolous application for asylum and the alien 

5 has received the notice under paragraph (4)(C), 

6 the alien shall be permanently ineligible for any 

7 benefits under this chapter, effective as the date 

8 of the final determination of such an applica9 tion. 

10 ‘‘(B) CRITERIA.—An application is frivo11 lous if the Secretary of Homeland Security or 

12 the Attorney General determines, consistent 

13 with subparagraph (C), that— 

14 ‘‘(i) it is so insufficient in substance 

15 that it is clear that the applicant know16 ingly filed the application solely or in part 

17 to delay removal from the United States, 

18 to seek employment authorization as an 

19 applicant for asylum pursuant to regula20 tions issued pursuant to paragraph (2), or 

21 to seek issuance of a Notice to Appear in 

22 order to pursue Cancellation of Removal 

23 under section 240A(b); or 

24 ‘‘(ii) any of the material elements are 

25 knowingly fabricated. 


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1 ‘‘(C) SUFFICIENT OPPORTUNITY TO CLAR2 IFY.—In determining that an application is friv3 olous, the Secretary or the Attorney General, 

4 must be satisfied that the applicant, during the 

5 course of the proceedings, has had sufficient op6 portunity to clarify any discrepancies or implau7 sible aspects of the claim. 

8 ‘‘(D) WITHHOLDING OF REMOVAL NOT

9 PRECLUDED.—For purposes of this section, a 

10 finding that an alien filed a frivolous asylum 

11 application shall not preclude the alien from 

12 seeking withholding of removal under section 

13 241(b)(3) or protection pursuant to the Con14 vention Against Torture.’’. 

15 SEC. 110. TECHNICAL AMENDMENTS. 

16 Section 208 of the Immigration and Nationality Act 

17 (8 U.S.C. 1158) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (2)(D), by inserting 

20 ‘‘Secretary of Homeland Security or the’’ before 

21 ‘‘Attorney General’’; and 

22 (B) in paragraph (3), by inserting ‘‘Sec23 retary of Homeland Security or the’’ before 

24 ‘‘Attorney General’’; 

25 (2) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘Attor2 ney General’’ each place such term appears and 

3 inserting ‘‘Secretary of Homeland Security’’; 

4 (B) in paragraph (2), in the matter pre5 ceding subparagraph (A), by inserting ‘‘Sec6 retary of Homeland Security or the’’ before 

7 ‘‘Attorney General’’; and 

8 (C) in paragraph (3), by inserting ‘‘Sec9 retary of Homeland Security or the’’ before 

10 ‘‘Attorney General’’; and 

11 (3) in subsection (d)— 

12 (A) in paragraph (1), by inserting ‘‘Sec13 retary of Homeland Security or the’’ before 

14 ‘‘Attorney General’’ each place such term ap15 pears; and 

16 (B) in paragraph (5)— 

17 (i) in subparagraph (A), by striking 

18 ‘‘Attorney General’’ and inserting ‘‘Sec19 retary of Homeland Security’’; and 

20 (ii) in subparagraph (B), by inserting 

21 ‘‘Secretary of Homeland Security or the’’ 

22 before ‘‘Attorney General’’. 


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1 SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO 

2 CERTAIN ASYLUM APPLICATIONS. 

3 (a) IN GENERAL.—Not later than 30 days after the 

4 date of the enactment of this Act, the Attorney General 

5 shall establish procedures to expedite the adjudication of 

6 asylum applications for aliens— 

7 (1) who are subject to removal proceedings 

8 under section 240 of the Immigration and Nation9 ality Act (8 U.S.C. 1229a); and 

10 (2) who are nationals of a Western Hemisphere 

11 country sanctioned by the United States, as de12 scribed in subsection (b), as of January 1, 2024. 

13 (b) WESTERN HEMISPHERE COUNTRY SANCTIONED

14 BY THE UNITED STATES DESCRIBED.—Subsection (a) 

15 shall apply only to an asylum application filed by an alien 

16 who is a national of a Western Hemisphere country sub17 ject to sanctions pursuant to— 

18 (1) the Cuban Liberty and Democratic Soli19 darity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 

20 note); 

21 (2) the Reinforcing Nicaragua’s Adherence to 

22 Conditions for Electoral Reform Act of 2021 or the 

23 RENACER Act (50 U.S.C. 1701 note); or 

24 (3) Executive Order 13692 (80 Fed. Reg. 

25 12747; declaring a national emergency with respect 

26 to the situation in Venezuela). 


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1 (c) APPLICABILITY.—This section shall only apply to 

2 an alien who files an application for asylum after the date 

3 of the enactment of this Act. 

4 TITLE II—BORDER SAFETY AND 

5 MIGRANT PROTECTION 

6 SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION. 

7 Section 235 of the Immigration and Nationality Act 

8 (8 U.S.C. 1225) is amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (A)— 

12 (I) in clauses (i) and (ii), by 

13 striking ‘‘section 212(a)(6)(C)’’ in14 serting ‘‘subparagraph (A) or (C) of 

15 section 212(a)(6)’’; and 

16 (II) by adding at the end the fol17 lowing: 

18 ‘‘(iv) INELIGIBILITY FOR PAROLE.— 

19 An alien described in clause (i) or (ii) shall 

20 not be eligible for parole except as ex21 pressly authorized pursuant to section 

22 212(d)(5), or for parole or release pursu23 ant to section 236(a).’’; and 

24 (ii) in subparagraph (B)— 


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1 (I) in clause (ii), by striking 

2 ‘‘asylum.’’ and inserting ‘‘asylum and 

3 shall not be released (including pursu4 ant to parole or release pursuant to 

5 section 236(a) but excluding as ex6 pressly authorized pursuant to section 

7 212(d)(5)) other than to be removed 

8 or returned to a country as described 

9 in paragraph (3).’’; and 

10 (II) in clause (iii)(IV)— 

11 (aa) in the header by strik12 ing ‘‘DETENTION’’ and inserting 

13 ‘‘DETENTION, RETURN, OR RE14 MOVAL’’; and 

15 (bb) by adding at the end 

16 the following: ‘‘The alien shall 

17 not be released (including pursu18 ant to parole or release pursuant 

19 to section 236(a) but excluding 

20 as expressly authorized pursuant 

21 to section 212(d)(5)) other than 

22 to be removed or returned to a 

23 country as described in para24 graph (3).’’; 

25 (B) in paragraph (2)— 


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1 (i) in subparagraph (A)— 

2 (I) by striking ‘‘Subject to sub3 paragraphs (B) and (C),’’ and insert4 ing ‘‘Subject to subparagraph (B) and 

5 paragraph (3),’’; and 

6 (II) by adding at the end the fol7 lowing: ‘‘The alien shall not be re8 leased (including pursuant to parole 

9 or release pursuant to section 236(a) 

10 but excluding as expressly authorized 

11 pursuant to section 212(d)(5)) other 

12 than to be removed or returned to a 

13 country as described in paragraph 

14 (3).’’; and 

15 (ii) by striking subparagraph (C); 

16 (C) by redesignating paragraph (3) as 

17 paragraph (5); and 

18 (D) by inserting after paragraph (2) the 

19 following: 

20 ‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG21 UOUS TO THE UNITED STATES.— 

22 ‘‘(A) IN GENERAL.—The Secretary of 

23 Homeland Security may return to a foreign ter24 ritory contiguous to the United States any alien 

25 arriving on land from that territory (whether or 


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1 not at a designated port of entry) pending a 

2 proceeding under section 240 or review of a de3 termination under subsection (b)(1)(B)(iii)(III). 

4 ‘‘(B) MANDATORY RETURN.—If at any 

5 time the Secretary of Homeland Security can6 not— 

7 ‘‘(i) comply with its obligations to de8 tain an alien as required under clauses (ii) 

9 and (iii)(IV) of subsection (b)(1)(B) and 

10 subsection (b)(2)(A); or 

11 ‘‘(ii) remove an alien to a country de12 scribed in section 208(a)(2)(A), 

13 the Secretary of Homeland Security shall, with14 out exception, including pursuant to parole or 

15 release pursuant to section 236(a) but exclud16 ing as expressly authorized pursuant to section 

17 212(d)(5), return to a foreign territory contig18 uous to the United States any alien arriving on 

19 land from that territory (whether or not at a 

20 designated port of entry) pending a proceeding 

21 under section 240 or review of a determination 

22 under subsection (b)(1)(B)(iii)(III). 

23 ‘‘(4) ENFORCEMENT BY STATE ATTORNEYS

24 GENERAL.—The attorney general of a State, or 

25 other authorized State officer, alleging a violation of 


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1 the detention, return, or removal requirements under 

2 paragraph (1), (2), or (3) that affects such State or 

3 its residents, may bring an action against the Sec4 retary of Homeland Security on behalf of the resi5 dents of the State in an appropriate United States 

6 district court to obtain appropriate injunctive re7 lief.’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(e) AUTHORITY TO PROHIBIT INTRODUCTION OF

10 CERTAIN ALIENS.—If the Secretary of Homeland Security 

11 determines, in his discretion, that the prohibition of the 

12 introduction of aliens who are inadmissible under subpara13 graph (A) or (C) of section 212(a)(6) or under section 

14 212(a)(7) at an international land or maritime border of 

15 the United States is necessary to achieve operational con16 trol (as defined in section 2 of the Secure Fence Act of 

17 2006 (8 U.S.C. 1701 note)) of such border, the Secretary 

18 may prohibit, in whole or in part, the introduction of such 

19 aliens at such border for such period of time as the Sec20 retary determines is necessary for such purpose.’’. 

21 SEC. 202. OPERATIONAL DETENTION FACILITIES. 

22 (a) IN GENERAL.—Not later than September 30, 

23 2025, the Secretary of Homeland Security shall take all 

24 necessary actions to reopen or restore all U.S. Immigra25 tion and Customs Enforcement detention facilities that 


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1 were in operation on January 20, 2021, that subsequently 

2 closed or with respect to which the use was altered, re3 duced, or discontinued after January 20, 2021. In car4 rying out the requirement under this subsection, the Sec5 retary may use the authority under section 103(a)(11) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1103(a)(11)). 

8 (b) SPECIFIC FACILITIES.—The requirement under 

9 subsection (a) shall include at a minimum, reopening, or 

10 restoring, the following facilities: 

11 (1) Irwin County Detention Center in Georgia. 

12 (2) C. Carlos Carreiro Immigration Detention 

13 Center in Bristol County, Massachusetts. 

14 (3) Etowah County Detention Center in Gads15 den, Alabama. 

16 (4) Glades County Detention Center in Moore 

17 Haven, Florida. 

18 (5) South Texas Family Residential Center. 

19 (c) EXCEPTION.— 

20 (1) IN GENERAL.—Except as provided in para21 graphs (2) and (3), the Secretary of Homeland Se22 curity is authorized to obtain equivalent capacity for 

23 detention facilities at locations other than those list24 ed in subsection (b). 


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1 (2) LIMITATION.—The Secretary may not take 

2 action under paragraph (1) unless the capacity ob3 tained would result in a reduction of time and cost 

4 relative to the cost and time otherwise required to 

5 obtain such capacity. 

6 (3) SOUTH TEXAS FAMILY RESIDENTIAL CEN7 TER.—The exception under paragraph (1) shall not 

8 apply to the South Texas Family Residential Center. 

9 The Secretary shall take all necessary steps to mod10 ify and operate the South Texas Family Residential 

11 Center in the same manner and capability it was op12 erating on January 20, 2021. 

13 (d) PERIODIC REPORT.—Not later than 90 days after 

14 the date of the enactment of this Act, and every 90 days 

15 thereafter until September 30, 2027, the Secretary of 

16 Homeland Security shall submit to the appropriate con17 gressional committees a detailed plan for and a status re18 port on— 

19 (1) compliance with the deadline under sub20 section (a); 

21 (2) the increase in detention capabilities re22 quired by this section— 

23 (A) for the 90 day period immediately pre24 ceding the date such report is submitted; and 


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1 (B) for the period beginning on the first 

2 day of the fiscal year during which the report 

3 is submitted, and ending on the date such re4 port is submitted; 

5 (3) the number of detention beds that were 

6 used and the number of available detention beds 

7 that were not used during— 

8 (A) the 90 day period immediately pre9 ceding the date such report is submitted; and 

10 (B) the period beginning on the first day 

11 of the fiscal year during which the report is 

12 submitted, and ending on the date such report 

13 is submitted; 

14 (4) the number of aliens released due to a lack 

15 of available detention beds; and 

16 (5) the resources the Department of Homeland 

17 Security needs in order to comply with the require18 ments under this section. 

19 (e) NOTIFICATION.—The Secretary of Homeland Se20 curity shall notify Congress, and include with such notifi21 cation a detailed description of the resources the Depart22 ment of Homeland Security needs in order to detain all 

23 aliens whose detention is mandatory or nondiscretionary 

24 under the Immigration and Nationality Act (8 U.S.C. 

25 1101 et seq.)— 


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1 (1) not later than 5 days after all U.S. Immi2 gration and Customs Enforcement detention facili3 ties reach 90 percent of capacity; 

4 (2) not later than 5 days after all U.S. Immi5 gration and Customs Enforcement detention facili6 ties reach 95 percent of capacity; and 

7 (3) not later than 5 days after all U.S. Immi8 gration and Customs Enforcement detention facili9 ties reach full capacity. 

10 (f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

11 In this section, the term ‘‘appropriate congressional com12 mittees’’ means— 

13 (1) the Committee on the Judiciary of the 

14 House of Representatives; 

15 (2) the Committee on Appropriations of the 

16 House of Representatives; 

17 (3) the Committee on the Judiciary of the Sen18 ate; and 

19 (4) the Committee on Appropriations of the 

20 Senate. 


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1 TITLE III—PREVENTING UNCON2 TROLLED MIGRATION FLOWS 

3 IN THE WESTERN HEMI4 SPHERE 

5 SEC. 301. UNITED STATES POLICY REGARDING WESTERN 

6 HEMISPHERE COOPERATION ON IMMIGRA7 TION AND ASYLUM. 

8 It is the policy of the United States to enter into 

9 agreements, accords, and memoranda of understanding 

10 with countries in the Western Hemisphere, the purposes 

11 of which are to advance the interests of the United States 

12 by reducing costs associated with illegal immigration and 

13 to protect the human capital, societal traditions, and eco14 nomic growth of other countries in the Western Hemi15 sphere. It is further the policy of the United States to 

16 ensure that humanitarian and development assistance 

17 funding aimed at reducing illegal immigration is not ex18 pended on programs that have not proven to reduce illegal 

19 immigrant flows in the aggregate. 

20 SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE. 

21 (a) AUTHORIZATION TO NEGOTIATE.—The Secretary 

22 of State shall seek to negotiate agreements, accords, and 

23 memoranda of understanding between the United States, 

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1 operation and burden sharing required for effective re2 gional immigration enforcement, expediting legal claims by 

3 aliens for asylum, and the processing, detention, and repa4 triation of foreign nationals seeking to enter the United 

5 States unlawfully. Such agreements shall be designed to 

6 facilitate a regional approach to immigration enforcement 

7 and shall, at a minimum, provide that— 

8 (1) the Government of Mexico authorize and ac9 cept the rapid entrance into Mexico of nationals of 

10 countries other than Mexico who seek asylum in 

11 Mexico, and process the asylum claims of such na12 tionals inside Mexico, in accordance with both do13 mestic law and international treaties and conven14 tions governing the processing of asylum claims; 

15 (2) the Government of Mexico authorize and ac16 cept both the rapid entrance into Mexico of all na17 tionals of countries other than Mexico who are ineli18 gible for asylum in Mexico and wish to apply for 

19 asylum in the United States, whether or not at a 

20 port of entry, and the continued presence of such 

21 nationals in Mexico while they wait for the adjudica22 tion of their asylum claims to conclude in the United 

23 States; 


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1 (3) the Government of Mexico commit to pro2 vide the individuals described in paragraphs (1) and 

3 (2) with appropriate humanitarian protections; 

4 (4) the Government of Honduras, the Govern5 ment of El Salvador, and the Government of Guate6 mala each authorize and accept the entrance into 

7 the respective countries of nationals of other coun8 tries seeking asylum in the applicable such country 

9 and process such claims in accordance with applica10 ble domestic law and international treaties and con11 ventions governing the processing of asylum claims; 

12 (5) the Government of the United States com13 mit to work to accelerate the adjudication of asylum 

14 claims and to conclude removal proceedings in the 

15 wake of asylum adjudications as expeditiously as 

16 possible; 

17 (6) the Government of the United States com18 mit to continue to assist the governments of coun19 tries in the Western Hemisphere, such as the Gov20 ernment of Honduras, the Government of El Sal21 vador, and the Government of Guatemala, by sup22 porting the enhancement of asylum capacity in those 

23 countries; and 

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1 migration trends and regional asylum capabilities to 

2 determine whether additional asylum cooperation 

3 agreements are warranted. 

4 (b) NOTIFICATION IN ACCORDANCE WITH CASE-ZA5 BLOCKI ACT.—The Secretary of State shall, in accordance 

6 with section 112b of title 1, United States Code, promptly 

7 inform the relevant congressional committees of each 

8 agreement entered into pursuant to subsection (a). Such 

9 notifications shall be submitted not later than 48 hours 

10 after such agreements are signed. 

11 (c) ALIEN DEFINED.—In this section, the term 

12 ‘‘alien’’ has the meaning given such term in section 101 

13 of the Immigration and Nationality Act (8 U.S.C. 1101). 

14 SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EF15 FORTS TO ADDRESS THE BORDER CRISIS. 

16 (a) BRIEFING REQUIRED.—Not later than 90 days 

17 after the date of the enactment of this Act, and not less 

18 frequently than once every 90 days thereafter until the 

19 date described in subsection (b), the Secretary of State, 

20 or the designee of the Secretary of State, shall provide 

21 to the appropriate congressional committees an in-person 

22 briefing on efforts undertaken pursuant to the negotiation 

23 authority provided by section 302 of this title to monitor, 

24 deter, and prevent illegal immigration to the United 

25 States, including by entering into agreements, accords, 


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1 and memoranda of understanding with foreign countries 

2 and by using United States foreign assistance to stem the 

3 root causes of migration in the Western Hemisphere. 

4 (b) TERMINATION OF MANDATORY BRIEFING.—The 

5 date described in this subsection is the date on which the 

6 Secretary of State, in consultation with the heads of other 

7 relevant Federal departments and agencies, determines 

8 and certifies to the appropriate congressional committees 

9 that illegal immigration flows have subsided to a manage10 able rate. 

11 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED.—In this section, the term ‘‘appropriate congres13 sional committees’’ means the Committee on Foreign Af14 fairs of the House of Representatives and the Committee 

15 on Foreign Relations of the Senate. 

16 TITLE IV—ENSURING UNITED 

17 FAMILIES AT THE BORDER 

18 SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DE19 TENTION. 

20 (a) IN GENERAL.—Section 235 of the William Wil21 berforce Trafficking Victims Protection Reauthorization 

22 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

23 the end the following: 

24 ‘‘(j) CONSTRUCTION.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, judicial determination, consent de3 cree, or settlement agreement, the detention of any 

4 alien child who is not an unaccompanied alien child 

5 shall be governed by sections 217, 235, 236, and 

6 241 of the Immigration and Nationality Act (8 

7 U.S.C. 1187, 1225, 1226, and 1231). There is no 

8 presumption that an alien child who is not an unac9 companied alien child should not be detained. 

10 ‘‘(2) FAMILY DETENTION.—The Secretary of 

11 Homeland Security shall— 

12 ‘‘(A) maintain the care and custody of an 

13 alien, during the period during which the 

14 charges described in clause (i) are pending, 

15 who— 

16 ‘‘(i) is charged only with a mis17 demeanor offense under section 275(a) of 

18 the Immigration and Nationality Act (8 

19 U.S.C. 1325(a)); and 

20 ‘‘(ii) entered the United States with 

21 the alien’s child who has not attained 18 

22 years of age; and 

23 ‘‘(B) detain the alien with the alien’s 

24 child.’’. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the amendments in this section to section 235 

3 of the William Wilberforce Trafficking Victims Protection 

4 Reauthorization Act of 2008 (8 U.S.C. 1232) are intended 

5 to satisfy the requirements of the Settlement Agreement 

6 in Flores v. Meese, No. 85–4544 (C.D. Cal), as approved 

7 by the court on January 28, 1997, with respect to its in8 terpretation in Flores v. Johnson, 212 F. Supp. 3d 864 

9 (C.D. Cal. 2015), that the agreement applies to accom10 panied minors. 

11 (c) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on the date of the enact13 ment of this Act and shall apply to all actions that occur 

14 before, on, or after such date. 

15 (d) PREEMPTION OF STATE LICENSING REQUIRE16 MENTS.—Notwithstanding any other provision of law, ju17 dicial determination, consent decree, or settlement agree18 ment, no State may require that an immigration detention 

19 facility used to detain children who have not attained 18 

20 years of age, or families consisting of one or more of such 

21 children and the parents or legal guardians of such chil22 dren, that is located in that State, be licensed by the State 

23 or any political subdivision thereof. 


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1 TITLE V—PROTECTION OF 

2 CHILDREN 

3 SEC. 501. FINDINGS. 

4 Congress makes the following findings: 

5 (1) Implementation of the provisions of the 

6 Trafficking Victims Protection Reauthorization Act 

7 of 2008 that govern unaccompanied alien children 

8 has incentivized multiple surges of unaccompanied 

9 alien children arriving at the southwest border in the 

10 years since the bill’s enactment. 

11 (2) The provisions of the Trafficking Victims 

12 Protection Reauthorization Act of 2008 that govern 

13 unaccompanied alien children treat unaccompanied 

14 alien children from countries that are contiguous to 

15 the United States disparately by swiftly returning 

16 them to their home country absent indications of 

17 trafficking or a credible fear of return, but allowing 

18 for the release of unaccompanied alien children from 

19 noncontiguous countries into the interior of the 

20 United States, often to those individuals who paid to 

21 smuggle them into the country in the first place. 

22 (3) The provisions of the Trafficking Victims 

23 Protection Reauthorization Act of 2008 governing 

24 unaccompanied alien children have enriched the car25 tels, who profit hundreds of millions of dollars each 


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1 year by smuggling unaccompanied alien children to 

2 the southwest border, exploiting and sexually abus3 ing many such unaccompanied alien children on the 

4 perilous journey. 

5 (4) Prior to 2008, the number of unaccom6 panied alien children encountered at the southwest 

7 border never exceeded 1,000 in a single year. 

8 (5) The United States is currently in the midst 

9 of the worst crisis of unaccompanied alien children 

10 in our nation’s history, with over 350,000 such un11 accompanied alien children encountered at the 

12 southwest border since Joe Biden became President. 

13 (6) In 2022, during the Biden Administration, 

14 152,057 unaccompanied alien children were encoun15 tered, the most ever in a single year and an over 

16 400 percent increase compared to the last full fiscal 

17 year of the Trump Administration in which 33,239 

18 unaccompanied alien children were encountered. 

19 (7) The Biden Administration has lost contact 

20 with at least 85,000 unaccompanied alien children 

21 who entered the United States since Joe Biden took 

22 office. 

23 (8) The Biden Administration dismantled effec24 tive safeguards put in place by the Trump Adminis25 tration that protected unaccompanied alien children 


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1 from being abused by criminals or exploited for ille2 gal and dangerous child labor. 

3 (9) A recent New York Times investigation 

4 found that unaccompanied alien children are being 

5 exploited in the labor market and ‘‘are ending up in 

6 some of the most punishing jobs in the country.’’. 

7 (10) The Times investigation found unaccom8 panied alien children, ‘‘under intense pressure to 

9 earn money’’ in order to ‘‘send cash back to their 

10 families while often being in debt to their sponsors 

11 for smuggling fees, rent, and living expenses,’’ 

12 feared ‘‘that they had become trapped in cir13 cumstances they never could have imagined.’’. 

14 (11) The Biden Administration’s Department of 

15 Health and Human Services Secretary Xavier 

16 Becerra compared placing unaccompanied alien chil17 dren with sponsors, to widgets in an assembly line, 

18 stating that, ‘‘If Henry Ford had seen this in his 

19 plant, he would have never become famous and rich. 

20 This is not the way you do an assembly line.’’. 

21 (12) Department of Health and Human Serv22 ices employees working under Secretary Xavier 

23 Becerra’s leadership penned a July 2021 memo24 randum expressing serious concern that ‘‘labor traf25 ficking was increasing’’ and that the agency had beVerDate Sep 11 2014 22:01 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H10034.IH H10034

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1 come ‘‘one that rewards individuals for making quick 

2 releases, and not one that rewards individuals for 

3 preventing unsafe releases.’’. 

4 (13) Despite this, Secretary Xavier Becerra 

5 pressured then-Director of the Office of Refugee Re6 settlement Cindy Huang to prioritize releases of un7 accompanied alien children over ensuring their safe8 ty, telling her ‘‘if she could not increase the number 

9 of discharges he would find someone who could’’ and 

10 then-Director Huang resigned one month later. 

11 (14) In June 2014, the Obama-Biden Adminis12 tration requested legal authority to exercise discre13 tion in returning and removing unaccompanied alien 

14 children from non-contiguous countries back to their 

15 home countries. 

16 (15) In August 2014, the House of Representa17 tives passed H.R. 5320, which included the Protec18 tion of Children Act. 

19 (16) This title ends the disparate policies of the 

20 Trafficking Victims Protection Reauthorization Act 

21 of 2008 by ensuring the swift return of all unaccom22 panied alien children to their country of origin if 

23 they are not victims of trafficking and do not have 

24 a fear of return. 


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1 SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHIL2 DREN. 

3 (a) IN GENERAL.—Section 235 of the William Wil4 berforce Trafficking Victims Protection Reauthorization 

5 Act of 2008 (8 U.S.C. 1232) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2)— 

8 (i) by amending the heading to read 

9 as follows: ‘‘RULES FOR UNACCOMPANIED

10 ALIEN CHILDREN.—’’; 

11 (ii) in subparagraph (A)— 

12 (I) in the matter preceding clause 

13 (i), by striking ‘‘who is a national or 

14 habitual resident of a country that is 

15 contiguous with the United States’’; 

16 (II) in clause (i), by inserting 

17 ‘‘and’’ at the end; 

18 (III) in clause (ii), by striking ‘‘; 

19 and’’ and inserting a period; and 

20 (IV) by striking clause (iii); and 

21 (iii) in subparagraph (B)— 

22 (I) in the matter preceding clause 

23 (i), by striking ‘‘(8 U.S.C. 1101 et 

24 seq.) may—’’ and inserting ‘‘(8 

25 U.S.C. 1101 et seq.)—’’; 


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1 (II) in clause (i), by inserting be2 fore ‘‘permit such child to withdraw’’ 

3 the following: ‘‘may’’; and 

4 (III) in clause (ii), by inserting 

5 before ‘‘return such child’’ the fol6 lowing: ‘‘shall’’; and 

7 (B) in paragraph (5)(D)— 

8 (i) in the matter preceding clause (i), 

9 by striking ‘‘, except for an unaccompanied 

10 alien child from a contiguous country sub11 ject to exceptions under subsection (a)(2),’’ 

12 and inserting ‘‘who does not meet the cri13 teria listed in paragraph (2)(A)’’; and 

14 (ii) in clause (i), by inserting before 

15 the semicolon at the end the following: ‘‘, 

16 which shall include a hearing before an im17 migration judge not later than 14 days 

18 after being screened under paragraph (4)’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (2)— 

21 (i) in subparagraph (A), by inserting 

22 before the semicolon the following: ‘‘be23 lieved not to meet the criteria listed in sub24 section (a)(2)(A)’’; and 


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1 (ii) in subparagraph (B), by inserting 

2 before the period the following: ‘‘and does 

3 not meet the criteria listed in subsection 

4 (a)(2)(A)’’; and 

5 (B) in paragraph (3), by striking ‘‘an un6 accompanied alien child in custody shall’’ and 

7 all that follows, and inserting the following: ‘‘an 

8 unaccompanied alien child in custody— 

9 ‘‘(A) in the case of a child who does not 

10 meet the criteria listed in subsection (a)(2)(A), 

11 shall transfer the custody of such child to the 

12 Secretary of Health and Human Services not 

13 later than 30 days after determining that such 

14 child is an unaccompanied alien child who does 

15 not meet such criteria; or 

16 ‘‘(B) in the case of a child who meets the 

17 criteria listed in subsection (a)(2)(A), may 

18 transfer the custody of such child to the Sec19 retary of Health and Human Services after de20 termining that such child is an unaccompanied 

21 alien child who meets such criteria.’’; and 

22 (3) in subsection (c)— 

23 (A) in paragraph (3), by inserting at the 

24 end the following: 


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1 ‘‘(D) INFORMATION ABOUT INDIVIDUALS

2 WITH WHOM CHILDREN ARE PLACED.— 

3 ‘‘(i) INFORMATION TO BE PROVIDED

4 TO HOMELAND SECURITY.—Before placing 

5 a child with an individual, the Secretary of 

6 Health and Human Services shall provide 

7 to the Secretary of Homeland Security, re8 garding the individual with whom the child 

9 will be placed, information on— 

10 ‘‘(I) the name of the individual; 

11 ‘‘(II) the social security number 

12 of the individual; 

13 ‘‘(III) the date of birth of the in14 dividual; 

15 ‘‘(IV) the location of the individ16 ual’s residence where the child will be 

17 placed; 

18 ‘‘(V) the immigration status of 

19 the individual, if known; and 

20 ‘‘(VI) contact information for the 

21 individual. 

22 ‘‘(ii) ACTIVITIES OF THE SECRETARY

23 OF HOMELAND SECURITY.—Not later than 

24 30 days after receiving the information 

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1 land Security, upon determining that an 

2 individual with whom a child is placed is 

3 unlawfully present in the United States 

4 and not in removal proceedings pursuant 

5 to chapter 4 of title II of the Immigration 

6 and Nationality Act (8 U.S.C. 1221 et 

7 seq.), shall initiate such removal pro8 ceedings.’’; and 

9 (B) in paragraph (5)— 

10 (i) by inserting after ‘‘to the greatest 

11 extent practicable’’ the following: ‘‘(at no 

12 expense to the Government)’’; and 

13 (ii) by striking ‘‘have counsel to rep14 resent them’’ and inserting ‘‘have access to 

15 counsel to represent them’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to any unaccompanied alien child 

18 (as such term is defined in section 462(g) of the Home19 land Security Act of 2002 (6 U.S.C. 279(g))) apprehended 

20 on or after the date that is 30 days after the date of the 

21 enactment of this Act. 


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1 SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM2 MIGRANTS UNABLE TO REUNITE WITH EI3 THER PARENT. 

4 Section 101(a)(27)(J) of the Immigration and Na5 tionality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 

6 (1) in clause (i), by striking ‘‘, and whose reuni7 fication with 1 or both of the immigrant’s parents 

8 is not viable due to abuse, neglect, abandonment, or 

9 a similar basis found under State law’’; and 

10 (2) in clause (iii)— 

11 (A) in subclause (I), by striking ‘‘and’’ at 

12 the end; 

13 (B) in subclause (II), by inserting ‘‘and’’ 

14 after the semicolon; and 

15 (C) by adding at the end the following: 

16 ‘‘(III) an alien may not be grant17 ed special immigrant status under this 

18 subparagraph if the alien’s reunifica19 tion with any one parent or legal 

20 guardian is not precluded by abuse, 

21 neglect, abandonment, or any similar 

22 cause under State law;’’. 

23 SEC. 504. RULE OF CONSTRUCTION. 

24 Nothing in this title shall be construed to limit the 

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1 panied alien child (as defined in section 462(g)(2) of the 

2 Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))): 

3 (1) Screening of such a child for a credible fear 

4 of return to his or her country of origin. 

5 (2) Screening of such a child to determine 

6 whether he or she was a victim of trafficking. 

7 (3) Department of Health and Human Services 

8 policy in effect on the date of the enactment of this 

9 Act requiring a home study for such a child if he or 

10 she is under 12 years of age. 

11 TITLE VI—VISA OVERSTAYS 

12 PENALTIES 

13 SEC. 601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR 

14 PRESENCE. 

15 Section 275 of the Immigration and Nationality Act 

16 (8 U.S.C. 1325) is amended— 

17 (1) in subsection (a) by inserting after ‘‘for a 

18 subsequent commission of any such offense’’ the fol19 lowing: ‘‘or if the alien was previously convicted of 

20 an offense under subsection (e)(2)(A)’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘at least 

23 $50 and not more than $250’’ and inserting 

24 ‘‘not less than $500 and not more than 

25 $1,000’’; and 


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1 (B) in paragraph (2), by inserting after 

2 ‘‘in the case of an alien who has been previously 

3 subject to a civil penalty under this subsection’’ 

4 the following: ‘‘or subsection (e)(2)(B)’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(e) VISA OVERSTAYS.— 

7 ‘‘(1) IN GENERAL.—An alien who was admitted 

8 as a nonimmigrant has violated this paragraph if the 

9 alien, for an aggregate of 10 days or more, has 

10 failed— 

11 ‘‘(A) to maintain the nonimmigrant status 

12 in which the alien was admitted, or to which it 

13 was changed under section 248, including com14 plying with the period of stay authorized by the 

15 Secretary of Homeland Security in connection 

16 with such status; or 

17 ‘‘(B) to comply otherwise with the condi18 tions of such nonimmigrant status. 

19 ‘‘(2) PENALTIES.—An alien who has violated 

20 paragraph (1)— 

21 ‘‘(A) shall— 

22 ‘‘(i) for the first commission of such a 

23 violation, be fined under title 18, United 

24 States Code, or imprisoned not more than 

25 6 months, or both; and 


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1 ‘‘(ii) for a subsequent commission of 

2 such a violation, or if the alien was pre3 viously convicted of an offense under sub4 section (a), be fined under such title 18, or 

5 imprisoned not more than 2 years, or both; 

6 and 

7 ‘‘(B) in addition to, and not in lieu of, any 

8 penalty under subparagraph (A) and any other 

9 criminal or civil penalties that may be imposed, 

10 shall be subject to a civil penalty of— 

11 ‘‘(i) not less than $500 and not more 

12 than $1,000 for each violation; or 

13 ‘‘(ii) twice the amount specified in 

14 clause (i), in the case of an alien who has 

15 been previously subject to a civil penalty 

16 under this subparagraph or subsection 

17 (b).’’. 

18 TITLE VII—IMMIGRATION 

19 PAROLE REFORM 

20 SEC. 701. IMMIGRATION PAROLE REFORM. 

21 Section 212(d)(5) of the Immigration and Nationality 

22 Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 

23 ‘‘(5)(A) Except as provided in subparagraphs (B) 

24 and (C) and section 214(f), the Secretary of Homeland 

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1 rarily parole into the United States any alien applying for 

2 admission to the United States who is not present in the 

3 United States, under such conditions as the Secretary may 

4 prescribe, on a case-by-case basis, and not according to 

5 eligibility criteria describing an entire class of potential 

6 parole recipients, for urgent humanitarian reasons or sig7 nificant public benefit. Parole granted under this subpara8 graph may not be regarded as an admission of the alien. 

9 When the purposes of such parole have been served in the 

10 opinion of the Secretary, the alien shall immediately re11 turn or be returned to the custody from which the alien 

12 was paroled. After such return, the case of the alien shall 

13 be dealt with in the same manner as the case of any other 

14 applicant for admission to the United States. 

15 ‘‘(B) The Secretary of Homeland Security may grant 

16 parole to any alien who— 

17 ‘‘(i) is present in the United States without 

18 lawful immigration status; 

19 ‘‘(ii) is the beneficiary of an approved petition 

20 under section 203(a); 

21 ‘‘(iii) is not otherwise inadmissible or remov22 able; and 

23 ‘‘(iv) is the spouse or child of a member of the 

24 Armed Forces serving on active duty. 


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1 ‘‘(C) The Secretary of Homeland Security may grant 

2 parole to any alien— 

3 ‘‘(i) who is a national of the Republic of Cuba 

4 and is living in the Republic of Cuba; 

5 ‘‘(ii) who is the beneficiary of an approved peti6 tion under section 203(a); 

7 ‘‘(iii) for whom an immigrant visa is not imme8 diately available; 

9 ‘‘(iv) who meets all eligibility requirements for 

10 an immigrant visa; 

11 ‘‘(v) who is not otherwise inadmissible; and 

12 ‘‘(vi) who is receiving a grant of parole in fur13 therance of the commitment of the United States to 

14 the minimum level of annual legal migration of 

15 Cuban nationals to the United States specified in 

16 the U.S.-Cuba Joint Communique ́ on Migration, 

17 done at New York September 9, 1994, and re18 affirmed in the Cuba-United States: Joint Statement 

19 on Normalization of Migration, Building on the 

20 Agreement of September 9, 1994, done at New York 

21 May 2, 1995. 

22 ‘‘(D) The Secretary of Homeland Security may grant 

23 parole to an alien who is returned to a contiguous country 

24 under section 235(b)(3) to allow the alien to attend the 

25 alien’s immigration hearing. The grant of parole shall not 


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1 exceed the time required for the alien to be escorted to, 

2 and attend, the alien’s immigration hearing scheduled on 

3 the same calendar day as the grant, and to immediately 

4 thereafter be escorted back to the contiguous country. A 

5 grant of parole under this subparagraph shall not be con6 sidered for purposes of determining whether the alien is 

7 inadmissible under this Act. 

8 ‘‘(E) For purposes of determining an alien’s eligi9 bility for parole under subparagraph (A), an urgent hu10 manitarian reason shall be limited to circumstances in 

11 which the alien establishes that— 

12 ‘‘(i)(I) the alien has a medical emergency; and 

13 ‘‘(II)(aa) the alien cannot obtain necessary 

14 treatment in the foreign state in which the alien is 

15 residing; or 

16 ‘‘(bb) the medical emergency is life-threatening 

17 and there is insufficient time for the alien to be ad18 mitted to the United States through the normal visa 

19 process; 

20 ‘‘(ii) the alien is the parent or legal guardian of 

21 an alien described in clause (i) and the alien de22 scribed in clause (i) is a minor; 

23 ‘‘(iii) the alien is needed in the United States 

24 in order to donate an organ or other tissue for 

25 transplant and there is insufficient time for the alien 


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1 to be admitted to the United States through the nor2 mal visa process; 

3 ‘‘(iv) the alien has a close family member in the 

4 United States whose death is imminent and the alien 

5 could not arrive in the United States in time to see 

6 such family member alive if the alien were to be ad7 mitted to the United States through the normal visa 

8 process; 

9 ‘‘(v) the alien is seeking to attend the funeral 

10 of a close family member and the alien could not ar11 rive in the United States in time to attend such fu12 neral if the alien were to be admitted to the United 

13 States through the normal visa process; 

14 ‘‘(vi) the alien is an adopted child with an ur15 gent medical condition who is in the legal custody of 

16 the petitioner for a final adoption-related visa and 

17 whose medical treatment is required before the ex18 pected award of a final adoption-related visa; or 

19 ‘‘(vii) the alien is a lawful applicant for adjust20 ment of status under section 245 and is returning 

21 to the United States after temporary travel abroad. 

22 ‘‘(F) For purposes of determining an alien’s eligi23 bility for parole under subparagraph (A), a significant 

24 public benefit may be determined to result from the parole 

25 of an alien only if— 


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1 ‘‘(i) the alien has assisted (or will assist, wheth2 er knowingly or not) the United States Government 

3 in a law enforcement matter; 

4 ‘‘(ii) the alien’s presence is required by the Gov5 ernment in furtherance of such law enforcement 

6 matter; and 

7 ‘‘(iii) the alien is inadmissible, does not satisfy 

8 the eligibility requirements for admission as a non9 immigrant, or there is insufficient time for the alien 

10 to be admitted to the United States through the nor11 mal visa process. 

12 ‘‘(G) For purposes of determining an alien’s eligi13 bility for parole under subparagraph (A), the term ‘case14 by-case basis’ means that the facts in each individual case 

15 are considered and parole is not granted based on mem16 bership in a defined class of aliens to be granted parole. 

17 The fact that aliens are considered for or granted parole 

18 one-by-one and not as a group is not sufficient to establish 

19 that the parole decision is made on a ‘case-by-case basis’. 

20 ‘‘(H) The Secretary of Homeland Security may not 

21 use the parole authority under this paragraph to parole 

22 an alien into the United States for any reason or purpose 

23 other than those described in subparagraphs (B), (C), (D), 

24 (E), and (F). 


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1 ‘‘(I) An alien granted parole may not accept employ2 ment, except that an alien granted parole pursuant to sub3 paragraph (B) or (C) is authorized to accept employment 

4 for the duration of the parole, as evidenced by an employ5 ment authorization document issued by the Secretary of 

6 Homeland Security. 

7 ‘‘(J) Parole granted after a departure from the 

8 United States shall not be regarded as an admission of 

9 the alien. An alien granted parole, whether as an initial 

10 grant of parole or parole upon reentry into the United 

11 States, is not eligible to adjust status to lawful permanent 

12 residence or for any other immigration benefit if the immi13 gration status the alien had at the time of departure did 

14 not authorize the alien to adjust status or to be eligible 

15 for such benefit. 

16 ‘‘(K)(i) Except as provided in clauses (ii) and (iii), 

17 parole shall be granted to an alien under this paragraph 

18 for the shorter of— 

19 ‘‘(I) a period of sufficient length to accomplish 

20 the activity described in subparagraph (D), (E), or 

21 (F) for which the alien was granted parole; or 

22 ‘‘(II) 1 year. 

23 ‘‘(ii) Grants of parole pursuant to subparagraph (A) 

24 may be extended once, in the discretion of the Secretary, 

25 for an additional period that is the shorter of— 


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1 ‘‘(I) the period that is necessary to accomplish 

2 the activity described in subparagraph (E) or (F) for 

3 which the alien was granted parole; or 

4 ‘‘(II) 1 year. 

5 ‘‘(iii) Aliens who have a pending application to adjust 

6 status to permanent residence under section 245 may re7 quest extensions of parole under this paragraph, in 1-year 

8 increments, until the application for adjustment has been 

9 adjudicated. Such parole shall terminate immediately upon 

10 the denial of such adjustment application. 

11 ‘‘(L) Not later than 90 days after the last day of each 

12 fiscal year, the Secretary of Homeland Security shall sub13 mit to the Committee on the Judiciary of the Senate and 

14 the Committee on the Judiciary of the House of Rep15 resentatives and make available to the public, a report— 

16 ‘‘(i) identifying the total number of aliens pa17 roled into the United States under this paragraph 

18 during the previous fiscal year; and 

19 ‘‘(ii) containing information and data regarding 

20 all aliens paroled during such fiscal year, includ21 ing— 

22 ‘‘(I) the duration of parole; 

23 ‘‘(II) the type of parole; and 

24 ‘‘(III) the current status of the aliens so 

25 paroled.’’. 


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1 SEC. 702. IMPLEMENTATION. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), this title and the amendments made by this title shall 

4 take effect on the date that is 30 days after the date of 

5 the enactment of this Act. 

6 (b) EXCEPTIONS.—Notwithstanding subsection (a), 

7 each of the following exceptions apply: 

8 (1) Any application for parole or advance parole 

9 filed by an alien before the date of the enactment of 

10 this Act shall be adjudicated under the law that was 

11 in effect on the date on which the application was 

12 properly filed and any approved advance parole shall 

13 remain valid under the law that was in effect on the 

14 date on which the advance parole was approved. 

15 (2) Section 212(d)(5)(J) of the Immigration 

16 and Nationality Act, as added by section 701 of this 

17 title, shall take effect on the date of the enactment 

18 of this Act. 

19 (3) Aliens who were paroled into the United 

20 States pursuant to section 212(d)(5)(A) of the Im21 migration and Nationality Act (8 U.S.C. 

22 1182(d)(5)(A)) before January 1, 2024, shall con23 tinue to be subject to the terms of parole that were 

24 in effect on the date on which their respective parole 

25 was approved. 


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1 SEC. 703. CAUSE OF ACTION. 

2 Any person, State, or local government that experi3 ences financial harm in excess of $1,000 due to a failure 

4 of the Federal Government to lawfully apply the provisions 

5 of this title or the amendments made by this title shall 

6 have standing to bring a civil action against the Federal 

7 Government in an appropriate district court of the United 

8 States for appropriate relief. 

9 SEC. 704. SEVERABILITY. 

10 If any provision of this title or any amendment by 

11 this title, or the application of such provision or amend12 ment to any person or circumstance, is held to be uncon13 stitutional, the remainder of this title and the application 

14 of such provision or amendment to any other person or 

15 circumstance shall not be affected. 

16 TITLE VIII—DIGNITY PROGRAM 

17 SEC. 801. ESTABLISHMENT. 

18 (a) IN GENERAL.—There is established a program, 

19 to be known as the ‘‘Dignity Program’’ under this subtitle, 

20 which shall provide for deferred action on removal and the 

21 provision of employment and travel authorization in the 

22 case of eligible applicants, in accordance with the provi23 sions of this subtitle. 

24 (b) ABOLITION OF 3- AND 10-YEAR BARS.—For pur25 poses of this subtitle, section 212(a)(9) of the Immigration 

26 and Nationality Act shall not apply for purposes of any 


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1 person who applies and thereafter participates in the Dig2 nity Program. 

3 SEC. 802. ELIGIBILITY. 

4 The Secretary of Homeland Security shall approve an 

5 application to participate in the Dignity Program from an 

6 eligible alien subject to the following: 

7 (1) APPLICATION.—The applicant shall submit 

8 such information that the Secretary determines suf9 ficient to prove the following: 

10 (A) That the alien— 

11 (i) has been continually physically 

12 present in the United States for a period 

13 of not less than 5 years prior to the date 

14 of enactment of this Act; 

15 (ii) was granted deferred action pur16 suant to the Deferred Action for Childhood 

17 Arrivals policy announced by the Secretary 

18 of Homeland Security on June 15, 2012; 

19 or 

20 (iii) has completed or is enrolled in 

21 post-secondary schooling, including trade 

22 school or community college. 

23 (B) That the alien is not inadmissible 

24 under section 212(a) of the Immigration and 


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1 Nationality Act (except that paragraph (9) shall 

2 not apply for purposes of this section). 

3 (2) SUBMISSION OF BIOMETRIC AND BIO4 GRAPHIC DATA; BACKGROUND CHECKS.— 

5 (A) SUBMISSION OF BIOMETRIC AND BIO6 GRAPHIC DATA.—The Secretary may not ap7 prove such an application, unless the alien sub8 mits biometric and biographic data, in accord9 ance with procedures established by the Sec10 retary. The Secretary shall provide an alter11 native procedure for aliens who are unable to 

12 provide such biometric or biographic data be13 cause of a physical impairment. 

14 (B) BACKGROUND CHECKS.—The Sec15 retary shall use biometric, biographic, and other 

16 data that the Secretary determines appropriate 

17 to conduct security and law enforcement back18 ground checks and to determine whether there 

19 is any criminal, national security, or other fac20 tor that would render the alien ineligible for 

21 participation in the Dignity Program in accord22 ance with paragraph (3). The application for 

23 participation in the Dignity Program may not 

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1 ment background checks are completed to the 

2 satisfaction of the Secretary. 

3 (3) GROUNDS OF INELIGIBILITY.—Except as 

4 provided in paragraph (2), an alien is ineligible for 

5 participation in the Dignity Program if, excluding 

6 any offense under State law for which an essential 

7 element is the alien’s immigration status, and any 

8 minor traffic offense, the alien has been convicted 

9 of— 

10 (A) any felony offense; 

11 (B) two or more misdemeanor offenses (ex12 cluding simple possession of cannabis or can13 nabis-related paraphernalia, any offense involv14 ing cannabis or cannabis-related paraphernalia 

15 which is no longer prosecutable in the State in 

16 which the conviction was entered, and any of17 fense involving civil disobedience without vio18 lence) not occurring on the same date, and not 

19 arising out of the same act, omission, or scheme 

20 of misconduct; or 

21 (C) a misdemeanor offense of domestic vio22 lence, unless the alien demonstrates that such 

23 crime is related to the alien having been— 

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1 glect, abuse or neglect in later life, or 

2 human trafficking; 

3 (ii) battered or subjected to extreme 

4 cruelty; or 

5 (iii) a victim of criminal activity de6 scribed in section 101(a)(15)(U)(iii) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1101(a)(15)(U)(iii)). 

9 (4) WAIVERS FOR CERTAIN MISDEMEANORS.— 

10 For humanitarian purposes, family unity, or if oth11 erwise in the public interest, the Secretary may 

12 waive— 

13 (A) the grounds of inadmissibility under 

14 subparagraphs (A), (C), and (D) of section 

15 212(a)(2) of the Immigration and Nationality 

16 Act (8 U.S.C. 1182(a)(2)); and 

17 (B) consideration of— 

18 (i) one misdemeanor offense if the 

19 alien has not been convicted of any offense 

20 in the 5-year period preceding the date on 

21 which the alien applies for adjustment of 

22 status; or 

23 (ii) up to two misdemeanor offenses if 

24 the alien has not been convicted of any of25 fense in the 10-year period preceding the 


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1 date on which the alien applies for adjust2 ment of status. 

3 SEC. 803. REGISTRATION; DEPARTURE. 

4 (a) REGISTRATION.—Any alien approved to partici5 pate in the Dignity Program shall— 

6 (1) register with the Secretary of Homeland Se7 curity; 

8 (2) submit biometric and biographic data to the 

9 Secretary; and 

10 (3) submit a sworn declaration stipulating to 

11 presence in the United States without a lawful immi12 gration status, and, as appropriate, unlawful pres13 ence, in the United States. 

14 (b) DEPARTURE.—Not later than 24 months after 

15 the date of the enactment of this Act, any alien present 

16 in the United States without lawful status under the immi17 gration laws shall apply for the Dignity Program or depart 

18 the United States. 

19 (c) INTENTIONAL SELF-DEPORTATION.—Any alien 

20 that voluntarily departs the United States not later than 

21 24 months after the date of the enactment of this Act shall 

22 not be subject to the provisions of section 212(a)(9) of 

23 the Immigration and Nationality Act with respect to— 

24 (1) any removal ordered under section 

25 235(b)(1) of such Act or at the end of proceedings 


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1 under section 240 of such Act initiated upon the 

2 alien’s arrival in the United States; or 

3 (2) any removal ordered under section 240 of 

4 such Act, 

5 prior to the date of the enactment of this Act. 

6 (d) LIMITATION ON REMOVAL.—An alien who ap7 pears to be prima facie eligible for status under this sub8 title during the 24-month period following the date of en9 actment of this Act may not be removed or fined based 

10 on their immigration status— 

11 (1) during such period; and 

12 (2) in the case that the alien applies for status 

13 under this subtitle, until a final decision establishing 

14 ineligibility for such status is rendered. 

15 (e) EXCEPTION.—This section does not apply in the 

16 case of any alien with a valid Notice to Appear in immigra17 tion court or with a pending determination on their immi18 gration status that is not decided before this date. 

19 SEC. 804. PROGRAM PARTICIPATION. 

20 (a) IN GENERAL.—Any applicant who is approved to 

21 participate in the Dignity Program shall make an appoint22 ment with USCIS who shall issue an order deferring fur23 ther action for a period of 5 years. 

24 (b) CONDITIONS.—Each participant in the Dignity 

25 Program shall conform to the following: 


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1 (1) REPORT.—The participant shall biennially 

2 report to the Secretary of Homeland Security and 

3 provide the following information: 

4 (A) Place of residence. 

5 (B) Testimony as to good standing within 

6 the community. 

7 (2) LAWFUL CONDUCT.—The participant shall 

8 comply with all Federal and State laws. 

9 (3) EMPLOYMENT.—The participant shall re10 main, for a period of not less than 4 years during 

11 their participation in the Dignity Program, employed 

12 (including self-employment and serving as a care13 giver) or enrolled in a course of study at an institute 

14 of higher education, as defined in section 102 of the 

15 Higher Education Act of 1965 (20 U.S.C. 1002), or 

16 an area career and technical education school, as de17 fined in section 3 of the Carl D. Perkins Career and 

18 Technical Education Act of 2006 (20 U.S.C. 2302). 

19 The Secretary may waive the application of this 

20 paragraph in the case of any alien with dependents 

21 under the age of 12, any alien the Secretary deter22 mines would be unable to reasonably comply by rea23 son of a disability or other impediment, or anyone 

24 above 65 years of age. 


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1 (4) TAXES.—The participant shall pay any ap2 plicable taxes and satisfy any tax obligations out3 standing within 10 years of the date of application 

4 approval. 

5 (5) SUPPORT DEPENDENTS.—The participant 

6 shall support any dependents including by providing 

7 food, shelter, clothing, education, and covering basic 

8 medical needs. 

9 (6) MEDICAL COSTS.— 

10 (A) IN GENERAL.—The participant shall 

11 be enrolled under qualifying health coverage. 

12 (B) DEFINITION.—For purposes of this 

13 paragraph, the term ‘‘qualifying health cov14 erage’’ means, with respect to the participant, 

15 the higher of the following levels of coverage ap16 plicable to such alien: 

17 (i) At a minimum, catastrophic health 

18 insurance coverage that provides coverage 

19 of such individual with respect to at least 

20 the State of employment and State of resi21 dence of the alien. 

22 (ii) In the case of an alien whose 

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1 erage under health insurance, such health 

2 insurance. 

3 (7) PUBLIC BENEFITS.—Beginning on the date 

4 of participation in the Dignity Program, the partici5 pant shall not avail himself or herself of any Federal 

6 means-tested benefits or entitlement programs. For 

7 purposes of this paragraph, any benefits received by 

8 a child or dependent that is a United States citizen 

9 living in the same household shall not be taken into 

10 account. 

11 (8) LEVY.—In addition to other taxes, there is 

12 hereby imposed on the income of every participant a 

13 tax equal to 1.5 percent of the adjusted gross in14 come (as defined in section 3121(a) of the Internal 

15 Revenue Code of 1986) received by the individual 

16 with respect to employment (as defined in section 

17 3121(b) the Internal Revenue Code of 1986). The 

18 participant shall comply with the requirements of 

19 section 9512 of the Internal Revenue Code of 1986. 

20 (9) EXEMPTION FROM CERTAIN PAYROLL

21 TAXES.—A participant shall not be liable for any tax 

22 under section 3101 or 3102 of the Internal Revenue 

23 Code of 1986. 


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1 (c) AUTHORIZING PARTICIPANTS APPROVED TO PAR2 TICIPATE IN THE DIGNITY PROGRAM TO ENLIST IN THE

3 ARMED FORCES.— 

4 (1) WAIVER.—Under this provision, for any in5 dividual in the Dignity program that enlists in the 

6 Armed Forces, the conditions outlined in subsection 

7 (b) shall be waived during their service. 

8 (2) COMPLETION OF TERM OF ENLISTMENT.— 

9 Upon completion of a term of enlistment, the re10 quirements of the Dignity Program shall be satisfied 

11 for that individual, and that individual shall be eligi12 ble to adjust to lawful permanent resident status 

13 through the Armed Forces. 

14 (d) VIOLATIONS.—If a participant violates a condi15 tion under subsection (b), the Secretary may at the Sec16 retary’s discretion, waive enforcement of minor violations 

17 including late fees, take extenuating circumstances into ef18 fect, or consider factors of undue hardship, but in all other 

19 cases, the Secretary shall initiate removal proceedings. In 

20 such proceedings, the immigration judge may make a de21 termination as to whether to order removal or to issue an 

22 order modifying the conditions of that participant’s par23 ticipation in the Dignity Program. 


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1 SEC. 805. COMPLETION. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (c), upon satisfying the conditions set forth in subsection 

4 (b) and thereby successfully completing the Dignity Pro5 gram, the participant may choose to adjust status to that 

6 of an alien lawfully admitted for permanent residence. 

7 (b) COMPLETION.—The conditions set forth in this 

8 subsection for successful completion of the Dignity Pro9 gram are as follows: 

10 (1) Compliance with all requirements of section 

11 802(b)(1). 

12 (2) Compliance with the requirement of section 

13 802(b)(3) for the entire period of the participation 

14 in the Dignity Program. 

15 (c) LIMITATION ON APPLICABILITY.—No alien may 

16 adjust status to that of an alien lawfully admitted for per17 manent residence under this section until the Comptroller 

18 General of the United States certifies to Congress that— 

19 (1) U.S. Customs and Border Protection has 

20 achieved detection and apprehension rate of 80 per21 cent or higher for individuals attempting to cross the 

22 southern border of the United States unlawfully dur23 ing the previous 12-month period; and 

24 (2) construction of the border wall along the 

25 border between the United States and Mexico that 

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1 ary 20, 2021, has resumed in accordance with sec2 tion 102(a)(1) of division A. 

3 DIVISION C—AGRICULTURAL 

4 WORKER PROGRAM 

5 TITLE I—PROGRAM FOR 

6 EARNED STATUS ADJUST7 MENT OF AGRICULTURAL 

8 WORKERS 

9 SEC. 101. SHORT TITLE. 

10 This division may be cited as the ‘‘Agricultural Work11 er Program Act of 2024’’. 

12 SEC. 102. BLUE CARD STATUS. 

13 (a) REQUIREMENTS FOR BLUE CARD STATUS.—Not14 withstanding any other provision of law, the Secretary 

15 may grant blue card status to an alien who— 

16 (1)(A) has completed qualified work; 

17 (B)(i) is the spouse or child of an alien de18 scribed in subparagraph (A); 

19 (ii) was physically present in the United States 

20 on or before the date of the enactment of this Act; 

21 and 

22 (iii) has maintained continuous presence in the 

23 United States from that date until the date on which 

24 the alien is granted blue card status; or 


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1 (C) is, or has been, a nonimmigrant alien ad2 mitted to the United States for agricultural employ3 ment described in section 101(a)(15)(H)(ii)(a) of 

4 such Act who has completed qualified work; 

5 (2) is not ineligible under subsection (d)(2); 

6 (3) submits a completed application before the 

7 end of the period set forth in subsection (b)(3); 

8 (4) passes the national security and law en9 forcement clearances required under subsection 

10 (d)(1) to the satisfactory of the Secretary; and 

11 (5) pays the required processing fees and pen12 alties in accordance with subsection (e). 

13 (b) APPLICATION.— 

14 (1) SUBMISSION REQUIREMENTS.—An alien de15 scribed in subsection (a)(1) who is seeking blue card 

16 status shall submit an application— 

17 (A) to the Secretary, with the assistance of 

18 an attorney or a nonprofit religious, charitable, 

19 social service, or similar organization recognized 

20 by the Board of Immigration Appeals under 

21 section 292.2 of title 8, Code of Federal Regu22 lations; or 

23 (B) to a qualified entity if the applicant 

24 consents to the forwarding of the application to 

25 the Secretary. 


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1 (2) EVIDENCE OF APPLICATION FILING.—As 

2 soon as practicable after receiving each application 

3 for blue card status under paragraph (1), the Sec4 retary shall provide the applicant with a document 

5 acknowledging the receipt of such application. 

6 (3) APPLICATION PERIOD.— 

7 (A) INITIAL PERIOD.—Except as provided 

8 in subparagraphs (B) and (C), the Secretary 

9 shall accept applications for blue card status 

10 from aliens in the United States during the 18- 

11 month period beginning on the date on which 

12 the final rule is published in the Federal Reg13 ister pursuant to subsection (j). 

14 (B) EXCEPTION.—Aliens described in sub15 section (a)(1)(C) may apply for blue card status 

16 from outside of the United States. 

17 (C) EXTENSION.—If the Secretary deter18 mines, during the initial period described in 

19 subparagraph (A), that additional time is re20 quired to process applications for blue card sta21 tus or for other good cause, the Secretary may 

22 extend the period for accepting applications for 

23 an additional 18 months. 

24 (4) APPLICATION.— 


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1 (A) IN GENERAL.—The application form 

2 referred to in paragraph (1) shall collect such 

3 information as the Secretary determines nec4 essary and appropriate. 

5 (B) FAMILY APPLICATION.—The Secretary 

6 shall establish a process through which an alien 

7 may submit a single application under this sec8 tion on behalf of the alien and his or her spouse 

9 and children who meet the requirements set 

10 forth in subsection (a)(1)(B). 

11 (5) ADJUDICATION.— 

12 (A) INTERVIEW.—The Secretary may 

13 interview applicants for blue card status to de14 termine whether they meet the eligibility re15 quirements set forth in this section. 

16 (B) FAILURE TO SUBMIT SUFFICIENT EVI17 DENCE.—The Secretary may deny an applica18 tion for blue card status submitted by an alien 

19 who fails to submit evidence of the alien’s eligi20 bility for such status. 

21 (C) NOTICE.—If the Secretary denies an 

22 application for blue card status, the Secretary 

23 shall— 


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1 (i) send a written notice to the appli2 cant that provides the applicant with the 

3 basis for denial; and 

4 (ii) provide the alien with an oppor5 tunity to cure the denial within a reason6 able time. 

7 (D) AMENDED APPLICATION.—An alien 

8 whose application for blue card status is denied 

9 under subparagraph (B) may submit an amend10 ed application for such status to the Secretary 

11 if the amended application— 

12 (i) is submitted within the application 

13 period described in paragraph (3); and 

14 (ii) contains all the required informa15 tion and fees that were missing from the 

16 initial application. 

17 (E) ADDITIONAL PROCEDURES.—The Sec18 retary may utilize the procedures set forth in 

19 sections 103.2 and 103.3 of title 8, Code of 

20 Federal Regulations, as in effect on the date of 

21 the enactment of this Act, to adjudicate re22 quests for blue card status to the extent such 

23 procedures are consistent with the requirements 

24 under this section. 

25 (6) EVIDENCE OF BLUE CARD STATUS.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 issue documentary evidence of blue card status 

3 to each alien whose application for such status 

4 has been approved. 

5 (B) DOCUMENTATION FEATURES.—Docu6 mentary evidence provided under subparagraph 

7 (A)— 

8 (i) shall be machine-readable and tam9 per-resistant; 

10 (ii) shall contain a digitized photo11 graph; 

12 (iii) shall, during the alien’s author13 ized period of admission, and any exten14 sion of such authorized admission, serve as 

15 a valid travel and entry document for the 

16 purpose of applying for admission to the 

17 United States; 

18 (iv) may be accepted during the pe19 riod of its validity by an employer as evi20 dence of employment authorization and 

21 identity under section 274A(b)(1)(B) of 

22 the Immigration and Nationality Act (8 

23 U.S.C. 1324a(b)(1)(B)); and 


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1 (v) shall include such other features 

2 and information as the Secretary may pre3 scribe. 

4 (c) SPECIAL RULES FOR BLUE CARD APPLICANTS

5 AND ALIENS ELIGIBLE FOR BLUE CARD STATUS.— 

6 (1) ALIENS APPREHENDED BEFORE OR DURING

7 THE APPLICATION PERIOD.—If an alien, who is ap8 prehended during the period beginning on the date 

9 of the enactment of this Act and ending on the last 

10 day of the application period described in paragraph 

11 (3), appears prima facie eligible for blue card status, 

12 the Secretary— 

13 (A) shall provide the alien with a reason14 able opportunity to submit an application for 

15 such status under this section during such ap16 plication period; and 

17 (B) may not remove the individual until a 

18 final administrative determination is made on 

19 the application. 

20 (2) ALIENS IN REMOVAL PROCEEDINGS.—Not21 withstanding any other provision of the Immigration 

22 and Nationality Act (8 U.S.C. 1101 et seq.) if an 

23 alien is in removal, deportation, or exclusion pro24 ceedings during the period beginning on the date of 

25 the enactment of this Act and ending on the last day 


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1 of the application period described in subsection 

2 (b)(3) and is prima facie eligible for blue card status 

3 under this section, upon motion by the Secretary 

4 and with the consent of the alien or upon motion by 

5 the alien, the Executive Office for Immigration Re6 view shall— 

7 (A) terminate such proceedings without 

8 prejudice to future proceedings; and 

9 (B) permit the alien a reasonable oppor10 tunity to apply for such status. 

11 (3) TREATMENT OF ALIENS PREVIOUSLY OR12 DERED REMOVED.— 

13 (A) IN GENERAL.—If an alien who meets 

14 the eligibility requirements set forth in sub15 section (a) is present in the United States and 

16 has been ordered excluded, deported, or re17 moved, or ordered to depart voluntarily from 

18 the United States under any provision of the 

19 Immigration and Nationality Act— 

20 (i) notwithstanding such order or sec21 tion 241(a)(5) of the Immigration and Na22 tionality Act (8 U.S.C. 1231(a)(5)), the 

23 alien may apply for blue card status under 

24 this section; and 


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1 (ii) if the alien is granted such status, 

2 the alien may file a motion to reopen the 

3 exclusion, deportation, removal, or vol4 untary departure order, which motion shall 

5 be granted. 

6 (B) LIMITATIONS ON MOTIONS TO RE7 OPEN.—The limitations on motions to reopen 

8 set forth in section 240(c)(7) of the Immigra9 tion and Nationality Act (8 U.S.C. 1229a(c)(7)) 

10 shall not apply to motions filed under subpara11 graph (A)(ii). 

12 (4) PERIOD PENDING ADJUDICATION OF APPLI13 CATION.—During the period beginning on the date 

14 on which an alien applies for blue card status under 

15 this section and ending on the date on which the 

16 Secretary makes a final decision regarding such ap17 plication, the alien— 

18 (A) is eligible to apply for advance parole; 

19 (B) may not be detained by the Secretary 

20 or removed from the United States unless the 

21 Secretary makes a prima facie determination 

22 that such alien is, or has become, ineligible for 

23 blue card status under subsection (d)(2); 

24 (C) shall not be considered unlawfully 

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1 migration and Nationality Act (8 U.S.C. 

2 1182(a)(9)(B)); and 

3 (D) shall not be considered an unauthor4 ized alien (as defined in section 274A(h)(3) of 

5 the Immigration and Nationality Act (8 U.S.C. 

6 1324a(h)(3))). 

7 (5) EFFECT OF DEPARTURE.—Section 101(g) 

8 of the Immigration and Nationality Act (8 U.S.C. 

9 1101(g)) shall not apply to an alien granted— 

10 (A) advance parole under paragraph (4)(A) 

11 to reenter the United States; or 

12 (B) blue card status. 

13 (6) PROTECTION FROM DETENTION OR RE14 MOVAL DURING BLUE CARD STATUS.—An alien 

15 granted blue card status under this section may not 

16 be detained by the Secretary or removed from the 

17 United States unless— 

18 (A) the alien is removable under section 

19 237 of the Immigration and Nationality Act (8 

20 U.S.C. 1227); or 

21 (B) the alien’s blue card status has been 

22 revoked. 

23 (7) DURATION OF STATUS.—Beginning on the 

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1 ulations are published under subsection (j), no alien 

2 may remain in blue card status. 

3 (d) REQUIRED BACKGROUND INVESTIGATIONS AND

4 INELIGIBILITY.— 

5 (1) IN GENERAL.— 

6 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 

7 The Secretary may not grant blue card status 

8 to an alien or an alien dependent spouse or 

9 child under this section unless such alien sub10 mits biometric and biographic data in accord11 ance with procedures established by the Sec12 retary. 

13 (B) ALTERNATIVE PROCEDURES.—The 

14 Secretary shall provide an alternative procedure 

15 for applicants who cannot provide the standard 

16 biometric data required under subparagraph 

17 (A) because of a physical impairment. 

18 (C) DATA COLLECTION.—The Secretary 

19 shall collect, from each alien applying for status 

20 under this section, biometric, biographic, and 

21 other data that the Secretary determines to be 

22 appropriate in order to conduct a background 

23 investigation and determine the alien’s eligi24 bility for blue card status. 

25 (2) GROUNDS FOR INELIGIBILITY.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), an alien is ineligible for blue 

3 card status if the Secretary determines that the 

4 alien— 

5 (i) has a conviction for— 

6 (I) an offense classified as a fel7 ony in the convicting jurisdiction 

8 (other than a State or local offense 

9 for which an essential element was the 

10 alien’s immigration status, or a viola11 tion of the Immigration and Nation12 ality Act (8 U.S.C. 1101 et seq.)); 

13 (II) an aggravated felony (as de14 fined in section 101(a)(43) of the Im15 migration and Nationality Act (8 

16 U.S.C. 1101(a)(43)) at the time of 

17 the conviction); 

18 (III) 3 or more misdemeanor of19 fenses (other than minor traffic of20 fenses or State or local offenses for 

21 which an essential element was the 

22 alien’s immigration status, or viola23 tions of the Immigration and Nation24 ality Act) if the alien was convicted on 


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1 different dates for each of the 3 of2 fenses; 

3 (IV) any offense under foreign 

4 law, except for a purely political of5 fense, which, if the offense had been 

6 committed in the United States, 

7 would render the alien inadmissible 

8 under section 212(a) of the Immigra9 tion and Nationality Act (8 U.S.C. 

10 1182(a)), excluding the paragraphs 

11 set forth in clause (ii), or removable 

12 under section 237(a) of such Act (8 

13 U.S.C. 1227(a)), except as provided in 

14 paragraph (3) of such section 237(a); 

15 or 

16 (V) unlawful voting (as defined 

17 in section 237(a)(6) of the Immigra18 tion and Nationality Act (8 U.S.C. 

19 1227(a)(6))); 

20 (ii) is inadmissible under section 

21 212(a) of the Immigration and Nationality 

22 Act (8 U.S.C. 1182(a)), except that in de23 termining an alien’s inadmissibility— 


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1 (I) paragraphs (4), (5), (7), and 

2 (9)(B) of such section 212(a) shall 

3 not apply; 

4 (II) subparagraphs (A), (C), (D), 

5 (F), and (G) of such section 212(a)(6) 

6 and paragraphs (9)(C) and (10)(B) of 

7 such section 212(a) shall not apply 

8 unless based on the act of unlawfully 

9 entering the United States after the 

10 date of the enactment of this Act; and 

11 (III) paragraphs (6)(B) and 

12 (9)(A) of such section 212(a) shall 

13 not apply unless the relevant conduct 

14 began on or after the date on which 

15 the alien files an application for reg16 istered provisional immigrant status 

17 under this section; 

18 (iii) is an alien who the Secretary 

19 knows or has reasonable grounds to be20 lieve, is engaged in or is likely to engage 

21 after entry in any terrorist activity (as de22 fined in section 212(a)(3)(B)(iv) of such 

23 Act); or 

24 (iv) was, on the date of the enactment 

25 of this Act— 


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1 (I) an alien lawfully admitted for 

2 permanent residence; or 

3 (II) an alien admitted as a ref4 ugee under section 207 of the Immi5 gration and Nationality Act (8 U.S.C. 

6 1157) or granted asylum under sec7 tion 208 of such Act (8 U.S.C. 1158). 

8 (B) WAIVER.— 

9 (i) IN GENERAL.—The Secretary may 

10 waive the application of subparagraph 

11 (A)(i)(III) or any provision of section 

12 212(a) of the Immigration and Nationality 

13 Act (8 U.S.C. 1182(a)) that is not listed in 

14 clause (ii) on behalf of an alien for human15 itarian purposes, to ensure family unity, or 

16 if such a waiver is otherwise in the public 

17 interest. Any discretionary authority to 

18 waive grounds of inadmissibility under 

19 such section 212(a) conferred under any 

20 other provision of the Immigration and 

21 Nationality Act shall apply equally to 

22 aliens seeking blue card status under this 

23 section. 


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1 (ii) EXCEPTIONS.—The discretionary 

2 authority under clause (i) may not be used 

3 to waive— 

4 (I) subparagraph (B), (C), 

5 (D)(ii), (E), (G), (H), or (I) of section 

6 212(a)(2) of such Act; 

7 (II) section 212(a)(3) of such 

8 Act; or 

9 (III) subparagraph (A), (C), (D), 

10 or (E) of section 212(a)(10) of such 

11 Act. 

12 (C) CONVICTION EXPLAINED.—For pur13 poses of this paragraph, the term ‘‘conviction’’ 

14 does not include a judgment that has been ex15 punged, set aside, or the equivalent. 

16 (D) RULE OF CONSTRUCTION.—Nothing in 

17 this paragraph may be construed to require the 

18 Secretary to commence removal proceedings 

19 against an alien. 

20 (e) FEES AND PENALTIES.— 

21 (1) STANDARD PROCESSING FEE.—Aliens 16 

22 years of age or older who are applying for blue card 

23 status under this subsection, or for an extension of 

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1 partment of Homeland Security in an amount deter2 mined by the Secretary. 

3 (2) RECOVERY OF COSTS.—The processing fee 

4 authorized under paragraph (1) shall be set at a 

5 level that is sufficient to recover the full costs of 

6 processing the application, including any costs in7 curred— 

8 (A) to adjudicate the application; 

9 (B) to take and process biometric data; 

10 (C) to perform national security and crimi11 nal checks, including adjudication; 

12 (D) to prevent and investigate fraud; and 

13 (E) to administer the collection of such 

14 fee. 

15 (3) AUTHORITY TO LIMIT FEES.—The Sec16 retary may issue regulations— 

17 (A) to limit the maximum processing fee 

18 payable under this subsection by a family, in19 cluding spouses and unmarried children young20 er than 21 years of age; and 

21 (B) to exempt defined classes of individ22 uals from the payment of the fee required 

23 under paragraph (1). 

24 (4) PENALTY.—In addition to the processing 

25 fee required under paragraph (1), aliens applying for 


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1 blue card status under this subsection who are 21 

2 years of age or older shall pay a $100 penalty to the 

3 Department of Homeland Security. 

4 (5) DEPOSIT AND USE OF PROCESSING FEES

5 AND PENALTIES.—Fees and penalties authorized 

6 under this subsection— 

7 (A) shall be deposited into the Immigration 

8 Examinations Fee Account pursuant to section 

9 286(m) of the Immigration and Nationality Act 

10 (8 U.S.C. 1356(m)); and 

11 (B) shall remain available until expended 

12 pursuant to section 286(n) of such Act. 

13 (f) TERMS AND CONDITIONS OF BLUE CARD STA14 TUS.— 

15 (1) CONDITIONS OF BLUE CARD STATUS.— 

16 (A) EMPLOYMENT.—Notwithstanding any 

17 other provision of law, including section 

18 241(a)(7) of the Immigration and Nationality 

19 Act (8 U.S.C. 1231(a)(7)), an alien with blue 

20 card status shall be authorized to be employed 

21 in the United States while in such status. 

22 (B) TRAVEL OUTSIDE THE UNITED

23 STATES.—An alien with blue card status— 

24 (i) may travel outside of the United 

25 States, including commuting to the United 


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1 States from a residence in a foreign coun2 try; and 

3 (ii) may be admitted upon returning 

4 to the United States without having to ob5 tain a visa if— 

6 (I) the alien is in possession of— 

7 (aa) valid, unexpired docu8 mentary evidence of blue card 

9 status that complies with sub10 section (b)(6)(B); or 

11 (bb) a travel document that 

12 has been approved by the Sec13 retary and was issued to the 

14 alien after the alien’s original 

15 documentary evidence was lost, 

16 stolen, or destroyed; 

17 (II) the alien’s absence from the 

18 United States did not exceed 180 

19 days, unless the alien’s failure to 

20 timely return was due to extenuating 

21 circumstances beyond the alien’s con22 trol; and 

23 (III) the alien establishes that he 

24 or she is not inadmissible under sub25 paragraph (A)(i), (A)(iii), (B), or (C) 


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1 of section 212(a)(3) of the Immigra2 tion and Nationality Act (8 U.S.C. 

3 1182(a)(3)). 

4 (C) ADMISSION.—An alien granted blue 

5 card status shall be considered to have been ad6 mitted in such status as of the date on which 

7 the alien’s application was submitted. 

8 (D) CLARIFICATION OF STATUS.—An alien 

9 granted blue card status shall be considered 

10 lawfully admitted to the United States. 

11 (2) REVOCATION.— 

12 (A) IN GENERAL.—The Secretary may re13 voke blue card status at any time after pro14 viding appropriate notice to the alien, and after 

15 the exhaustion or waiver of all applicable ad16 ministrative review procedures if the alien— 

17 (i) no longer meets the eligibility re18 quirements for blue card status; 

19 (ii) knowingly used documentation 

20 issued under this section for an unlawful 

21 or fraudulent purpose; or 

22 (iii) was absent from the United 

23 States for— 

24 (I) any single period longer than 

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1 ment under paragraph (1)(B)(ii)(II); 

2 or 

3 (II) for more than 180 days in 

4 the aggregate during any calendar 

5 year, unless the alien’s failure to time6 ly return was due to extenuating cir7 cumstances beyond the alien’s control. 

8 (B) ADDITIONAL EVIDENCE.— 

9 (i) IN GENERAL.—In determining 

10 whether to revoke an alien’s status under 

11 subparagraph (A), the Secretary may re12 quire the alien— 

13 (I) to submit additional evidence; 

14 and 

15 (II) to appear for an interview. 

16 (ii) EFFECT OF NONCOMPLIANCE.— 

17 The blue card status of an alien who fails 

18 to comply with any requirement imposed 

19 by the Secretary under clause (i) shall be 

20 revoked unless the alien demonstrates to 

21 the Secretary’s satisfaction that such fail22 ure was reasonably excusable. 

23 (C) INVALIDATION OF DOCUMENTATION.— 

24 If an alien’s blue card status is revoked pursu25 ant to subparagraph (A), any documentation 


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1 issued by the Secretary to such alien under sub2 section (b)(6) shall automatically be rendered 

3 invalid for any purpose except for departure 

4 from the United States. 

5 (3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 

6 alien who has been granted blue card status is not 

7 eligible for the Federal means-tested public benefits 

8 unavailable to qualified aliens under section 403 of 

9 the Personal Responsibility and Work Opportunity 

10 Reconciliation Act of 1996 (8 U.S.C. 1613)). 

11 (4) TREATMENT OF BLUE CARD STATUS.—An 

12 alien granted blue card status shall be considered 

13 lawfully present in the United States for all pur14 poses while such alien remains in such status, except 

15 that the alien— 

16 (A) is not entitled to the premium assist17 ance tax credit authorized under section 36B of 

18 the Internal Revenue Code of 1986 (26 U.S.C. 

19 36B) for his or her coverage; 

20 (B) shall be subject to the rules applicable 

21 to individuals who are not lawfully present set 

22 forth in subsection (e) of such section; 

23 (C) shall be subject to the rules applicable 

24 to individuals who are not lawfully present set 

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1 tion and Affordable Care Act (42 U.S.C. 

2 18071(e)); and 

3 (D) shall be subject to the rules applicable 

4 to individuals not lawfully present set forth in 

5 section 5000A(d)(3) of the Internal Revenue 

6 Code of 1986 (26 U.S.C. 5000A(d)(3)). 

7 (g) PROVISIONS INVOLVING EMPLOYERS.— 

8 (1) RECORD OF EMPLOYMENT.—Employers of 

9 aliens granted blue card status shall provide the 

10 alien and the Secretary with a written record of em11 ployment each year the alien remains in such status. 

12 (2) CIVIL PENALTIES.— 

13 (A) IN GENERAL.—If the Secretary deter14 mines, after notice and an opportunity for a 

15 hearing, that an employer of an alien granted 

16 blue card status has knowingly failed to provide 

17 the record of employment required under para18 graph (1) or has provided a false statement of 

19 material fact in such a record, the employer 

20 shall be subject to a civil penalty in an amount 

21 not to exceed $500 per violation. 

22 (B) LIMITATION.—The penalty under sub23 paragraph (A) for failure to provide employ24 ment records shall not apply unless the alien 

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1 ployment authorization described in subsection 

2 (b)(11). 

3 (C) DEPOSIT OF CIVIL PENALTIES.—Civil 

4 penalties collected under this paragraph shall be 

5 deposited into the Immigration Examinations 

6 Fee Account pursuant to section 286(m) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1356(m)). 

9 (3) CONTINUING EMPLOYMENT.—An employer 

10 that knows an alien employee is an applicant for 

11 blue card status or will apply for such status once 

12 the application period commences is not in violation 

13 of section 274A(a)(2) of the Immigration and Na14 tionality Act (8 U.S.C. 1324a(a)(2)) if the employer 

15 continues to employ the alien pending the adjudica16 tion of the alien employee’s application. 

17 (4) EMPLOYER PROTECTIONS.— 

18 (A) USE OF EMPLOYMENT RECORDS.— 

19 Copies of employment records or other evidence 

20 of employment provided by an alien or by an 

21 alien’s employer in support of an alien’s appli22 cation for blue card status may not be used in 

23 a civil or criminal prosecution or investigation 

24 of that employer under section 274A of the Im25 migration and Nationality Act (8 U.S.C. 


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1 1324a) or the Internal Revenue Code of 1986 

2 for the prior unlawful employment of that alien 

3 regardless of the adjudication of such applica4 tion or reconsideration by the Secretary of such 

5 alien’s prima facie eligibility determination. 

6 Employers that provide unauthorized aliens 

7 with copies of employment records or other evi8 dence of employment pursuant to an application 

9 for blue card status shall not be subject to civil 

10 and criminal liability pursuant to such section 

11 274A for employing such unauthorized aliens. 

12 (B) LIMIT ON APPLICABILITY.—The pro13 tections for employers and aliens under sub14 paragraph (A) shall not apply if the aliens or 

15 employers submit employment records that are 

16 determined to be fraudulent. 

17 (h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

18 (1) IN GENERAL.—Any administrative or judi19 cial review of a determination regarding an applica20 tion for blue card status shall comply with the re21 quirements under this subsection. 

22 (2) ADMINISTRATIVE REVIEW.— 

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1 ministration appellate review of a final agency 

2 determination. 

3 (B) STANDARD FOR REVIEW.—An admin4 istrative appellate review established under sub5 paragraph (A) shall be based solely upon— 

6 (i) the administrative record estab7 lished at the time of the determination re8 garding the application; and 

9 (ii) any additional or newly discovered 

10 evidence that was not available at the time 

11 of a final agency determination. 

12 (3) JUDICIAL REVIEW.—Judicial review of a de13 termination under this section shall be limited to the 

14 review of an order of removal under section 242 of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1252). 

17 (i) DISCLOSURES AND PRIVACY.— 

18 (1) PROHIBITED DISCLOSURES.—Except as oth19 erwise provided in this subsection, no officer or em20 ployee of any Federal agency may— 

21 (A) use the information furnished in an 

22 application for lawful status under this section 

23 or section 245B of the Immigration and Na24 tionality Act, for any purpose other than to 


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1 make a determination on any application by the 

2 alien for any immigration benefit or protection; 

3 (B) make any publication through which 

4 information furnished by any particular appli5 cant can be identified; or 

6 (C) permit anyone other than the sworn of7 ficers, employees, and contractors of such agen8 cy or of another entity approved by the Sec9 retary to examine any individual application for 

10 lawful status under this section or such section 

11 245B. 

12 (2) REQUIRED DISCLOSURES.—The Secretary 

13 shall provide the information furnished in an appli14 cation filed under this section or section 245B of the 

15 Immigration and Nationality Act and any other in16 formation derived from such furnished information 

17 to— 

18 (A) a law enforcement agency, intelligence 

19 agency, national security agency, a component 

20 of the Department of Homeland Security, 

21 court, or grand jury, consistent with law, in 

22 connection with— 

23 (i) a criminal investigation or prosecu24 tion of any felony not related to the appli25 cant’s immigration status; or 


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1 (ii) a national security investigation or 

2 prosecution; and 

3 (B) an official coroner for purposes of af4 firmatively identifying a deceased individual, 

5 whether or not the death of such individual re6 sulted from a crime. 

7 (3) AUDITING AND EVALUATION OF INFORMA8 TION.—The Secretary may— 

9 (A) audit and evaluate information fur10 nished as part of any application filed under 

11 this section or section 245B of the Immigration 

12 and Nationality Act for purposes of identifying 

13 immigration fraud or fraud schemes; and 

14 (B) use any evidence detected by means of 

15 audits and evaluations for purposes of inves16 tigating, prosecuting, referring for prosecution, 

17 or denying or terminating immigration benefits. 

18 (4) PRIVACY AND CIVIL LIBERTIES.— 

19 (A) IN GENERAL.—The Secretary, in ac20 cordance with paragraph (1), shall require ap21 propriate administrative and physical safe22 guards to protect the security, confidentiality, 

23 and integrity of personally identifiable informa24 tion collected, maintained, and disseminated 


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1 pursuant to this section and section 245B of 

2 the Immigration and Nationality Act. 

3 (B) ASSESSMENTS.—Notwithstanding the 

4 privacy requirements set forth in section 222 of 

5 the Homeland Security Act (6 U.S.C. 142) and 

6 the E–Government Act of 2002 (Public Law 

7 107–347), the Secretary shall conduct a privacy 

8 impact assessment and a civil liberties impact 

9 assessment of the legalization program estab10 lished under this section and section 245B of 

11 the Immigration and Nationality Act during the 

12 pendency of the final regulations to be issued 

13 pursuant to subsection (j). 

14 (j) RULEMAKING.—Not later than 1 year after the 

15 date of the enactment of this Act, the Secretary shall issue 

16 final regulations to implement this section. 

17 SEC. 103. ADJUSTMENT TO PERMANENT RESIDENT STATUS. 

18 (a) IN GENERAL.—Chapter 5 of title II of the Immi19 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

20 amended by inserting after section 245A the following: 

21 ‘‘SEC. 245B. ADJUSTMENT TO PERMANENT RESIDENT STA22 TUS FOR AGRICULTURAL WORKERS. 

23 ‘‘(a) IN GENERAL.—Except as provided in subsection 

24 (b), and not earlier than 5 years after the date of the en25 actment of the Agricultural Worker Program Act of 2024, 


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1 the Secretary shall adjust the status of an alien granted 

2 blue card status to that of an alien lawfully admitted for 

3 permanent residence if the Secretary determines that the 

4 following requirements are satisfied: 

5 ‘‘(1) QUALIFYING EMPLOYMENT.—Except as 

6 provided in paragraph (3), the alien— 

7 ‘‘(A) during the 8-year period beginning on 

8 the date of the enactment of the Agricultural 

9 Worker Program Act of 2024, performed not 

10 less than 100 work days of agricultural employ11 ment during each of 5 years; or 

12 ‘‘(B) during the 5-year period beginning on 

13 such date of enactment, performed not less 

14 than 150 work days of agricultural employment 

15 during each of 3 years. 

16 ‘‘(2) EVIDENCE.—An alien may demonstrate 

17 compliance with the requirement under paragraph 

18 (1) by submitting to the Secretary— 

19 ‘‘(A) the alien’s record of employment (as 

20 described in section 101(d) of the Agricultural 

21 Worker Program Act of 2024); 

22 ‘‘(B) documentation that may be submitted 

23 under subsection (e)(4); or 

24 ‘‘(C) any other documentation designated 

25 by the Secretary for such purpose. 


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1 ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— 

2 ‘‘(A) IN GENERAL.—In determining wheth3 er an alien has met the requirement under 

4 paragraph (1), the Secretary may credit the 

5 alien with not more than 12 additional months 

6 of agricultural employment in the United States 

7 to meet such requirement if the alien was un8 able to work in agricultural employment due 

9 to— 

10 ‘‘(i) pregnancy, disabling injury, or 

11 disease established by the alien through 

12 medical records; 

13 ‘‘(ii) illness, disease, or other special 

14 needs of the alien’s child established by the 

15 alien through medical records; 

16 ‘‘(iii) severe weather conditions that 

17 prevented the alien from engaging in agri18 cultural employment for a significant pe19 riod; or 

20 ‘‘(iv) termination from agricultural 

21 employment, if the Secretary determines 

22 that— 

23 ‘‘(I) the termination was without 

24 just cause; and 


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1 ‘‘(II) the alien was unable to find 

2 alternative agricultural employment 

3 after a reasonable job search. 

4 ‘‘(B) EFFECT OF DETERMINATION.—A de5 termination under subparagraph (A)(iv), with 

6 respect to an alien, shall not be conclusive, 

7 binding, or admissible in a separate or subse8 quent judicial or administrative action or pro9 ceeding between the alien and a current or 

10 prior employer of the alien or any other party. 

11 ‘‘(4) APPLICATION PERIOD.—The alien applies 

12 for adjustment of status before the expiration of the 

13 alien’s blue card status. 

14 ‘‘(5) FINE.—The alien pays a fine of $400 to 

15 the Secretary, which shall be deposited into the Im16 migration Examinations Fee Account pursuant to 

17 section 286(m). 

18 ‘‘(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF

19 STATUS.— 

20 ‘‘(1) IN GENERAL.—The Secretary may not ad21 just the status of an alien granted blue card status 

22 if the alien— 

23 ‘‘(A) is no longer eligible for blue card sta24 tus; or 


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1 ‘‘(B) failed to perform the qualifying em2 ployment required under subsection (a)(1), 

3 after considering any amount credited by the 

4 Secretary under subsection (a)(3). 

5 ‘‘(2) MAINTENANCE OF WAIVERS OF INADMIS6 SIBILITY.—The grounds of inadmissibility set forth 

7 in section 212(a) that were previously waived for the 

8 alien or made inapplicable shall not apply for pur9 poses of the alien’s adjustment of status under this 

10 section. 

11 ‘‘(3) PENDING REVOCATION PROCEEDINGS.—If 

12 the Secretary has notified the applicant that the 

13 Secretary intends to revoke the applicant’s blue card 

14 status, the Secretary may not approve an application 

15 for adjustment of status under this section unless 

16 the Secretary makes a final determination not to re17 voke the applicant’s status. 

18 ‘‘(4) PAYMENT OF TAXES.— 

19 ‘‘(A) IN GENERAL.—An alien may not file 

20 an application for adjustment of status under 

21 this section unless the applicant has satisfied 

22 any applicable Federal tax liability. 

23 ‘‘(B) DEFINITION OF APPLICABLE FED24 ERAL TAX LIABILITY.—In this paragraph, the 

25 term ‘applicable federal tax liability’ means all 


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1 Federal income taxes assessed in accordance 

2 with section 6203 of the Internal Revenue Code 

3 of 1986 since the date on which the applicant 

4 was authorized to work in the United States in 

5 blue card status. 

6 ‘‘(C) COMPLIANCE.—An alien may dem7 onstrate compliance with subparagraph (A) by 

8 submitting such documentation as the Sec9 retary, in consultation with the Secretary of the 

10 Treasury, may require by regulation. 

11 ‘‘(c) SPOUSES AND CHILDREN.—Notwithstanding 

12 any other provision of law, the Secretary shall grant per13 manent resident status to the spouse or child of an alien 

14 whose status was adjusted under subsection (a) if— 

15 ‘‘(1) the spouse or child (including any indi16 vidual who was a child on the date such alien was 

17 granted blue card status) applies for or received 

18 such status; 

19 ‘‘(2) the principal alien includes the spouse and 

20 children in an application for adjustment of status 

21 to that of a lawful permanent resident; and 

22 ‘‘(3) the spouse or child is not ineligible for 

23 such status. 

24 ‘‘(d) NUMERICAL LIMITATIONS.—The numerical lim25 itations under sections 201 and 202 shall not apply to the 


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1 adjustment of aliens to lawful permanent resident status 

2 under this section. 

3 ‘‘(e) SUBMISSION OF APPLICATIONS.— 

4 ‘‘(1) INTERVIEW.—The Secretary may interview 

5 applicants for adjustment of status under this sec6 tion to determine whether the alien meets the eligi7 bility requirements set forth in this section. 

8 ‘‘(2) FEES.— 

9 ‘‘(A) IN GENERAL.—Applicants for adjust10 ment of status under this section shall pay a 

11 processing fee to the Secretary in an amount 

12 that will ensure the recovery of the full costs of 

13 adjudicating such applications, including— 

14 ‘‘(i) the cost of taking and processing 

15 biometric data; 

16 ‘‘(ii) expenses relating to prevention 

17 and investigation of fraud; and 

18 ‘‘(iii) costs relating to the collection of 

19 such fee. 

20 ‘‘(B) AUTHORITY TO LIMIT FEES.—The 

21 Secretary, by regulation— 

22 ‘‘(i) may limit the maximum proc23 essing fee payable under this paragraph by 

24 a family, including spouses and children; 

25 and 


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1 ‘‘(ii) may exempt defined classes of in2 dividuals from the payment of the fee 

3 under subparagraph (A). 

4 ‘‘(3) DISPOSITION OF FEES.—All fees collected 

5 under paragraph (2)(A)— 

6 ‘‘(A) shall be deposited into the Immigra7 tion Examinations Fee Account pursuant to 

8 section 286(m); and 

9 ‘‘(B) shall remain available until expended 

10 pursuant to section 286(n). 

11 ‘‘(4) DOCUMENTATION OF WORK HISTORY.— 

12 ‘‘(A) BURDEN OF PROOF.—An alien apply13 ing for blue card status under section 102 of 

14 the Agricultural Worker Program Act of 2024 

15 or for adjustment of status under subsection (a) 

16 shall provide evidence that the alien has worked 

17 the requisite number of hours or days required 

18 under subsection (a)(1) of such section 102 or 

19 subsection (a)(1) of this section, as applicable. 

20 ‘‘(B) TIMELY PRODUCTION OF RECORDS.— 

21 If an employer or farm labor contractor employ22 ing such an alien has kept proper and adequate 

23 records respecting such employment, the alien’s 

24 burden of proof under subparagraph (A) may 

25 be met by securing timely production of those 


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1 records under regulations to be promulgated by 

2 the Secretary. 

3 ‘‘(C) SUFFICIENT EVIDENCE.—An alien 

4 may meet the burden of proof under subpara5 graph (A) to establish that the alien has per6 formed the days or hours of work referred to in 

7 subparagraph (A) by producing sufficient evi8 dence to show the extent of that employment as 

9 a matter of just and reasonable inference. 

10 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI11 CATIONS.— 

12 ‘‘(1) CRIMINAL PENALTY.—Any person who— 

13 ‘‘(A) files an application for blue card sta14 tus under section 102 of the Agricultural Work15 er Program Act of 2024 or for an adjustment 

16 of status under this section and knowingly and 

17 willfully falsifies, conceals, or covers up a mate18 rial fact or makes any false, fictitious, or fraud19 ulent statements or representations, or makes 

20 or uses any false writing or document knowing 

21 the same to contain any false, fictitious, or 

22 fraudulent statement or entry; or 

23 ‘‘(B) creates or supplies a false writing or 

24 document for use in making such an applica25 tion, 


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1 shall be fined in accordance with title 18, United 

2 States Code, imprisoned not more than 5 years, or 

3 both. 

4 ‘‘(2) INADMISSIBILITY.—An alien who is con5 victed of a crime described in paragraph (1) shall be 

6 deemed inadmissible to the United States on the 

7 ground described in section 212(a)(6)(C)(i). 

8 ‘‘(3) DEPOSIT.—Fines collected under para9 graph (1) shall be deposited into the Immigration 

10 Examinations Fee Account pursuant to section 

11 286(m). 

12 ‘‘(g) ELIGIBILITY FOR LEGAL SERVICES.—Section 

13 504(a)(11) of the Departments of Commerce, Justice, and 

14 State, the Judiciary, and Related Agencies Appropriations 

15 Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may 

16 not be construed to prevent a recipient of funds under the 

17 Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 

18 from providing legal assistance directly related to an appli19 cation for blue card status under section 41101 of the Ag20 ricultural Worker Program Act of 2024, to an individual 

21 who has been granted blue card status, or for an applica22 tion for an adjustment of status under this section. 

23 ‘‘(h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

24 Aliens applying for blue card status under section 102 of 

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1 justment to permanent resident status under this section 

2 shall be entitled to the rights and subject to the conditions 

3 applicable to other classes of aliens under section 242.’’. 

4 (b) CONFORMING AMENDMENT.—Section 201(b)(1) 

5 of the Immigration and Nationality Act (8 U.S.C. 

6 1151(b)(1)) is amended— 

7 (1) by redesignating subparagraph (E) as sub8 paragraph (F); and 

9 (2) by inserting after subparagraph (D) the fol10 lowing: 

11 ‘‘(E) Aliens granted lawful permanent resi12 dent status under section 245B.’’. 

13 (c) CLERICAL AMENDMENT.—The table of contents 

14 of the Immigration and Nationality Act (8 U.S.C. 1101 

15 note) is amended by inserting after the item relating to 

16 section 245A the following: 

‘‘Sec. 245B. Adjustment to permanent resident status for agricultural workers.’’. 

17 SEC. 104. USE OF INFORMATION. 

18 Beginning not later than the first day of the applica19 tion period described in section 102(b)(3), the Secretary, 

20 in cooperation with qualified designated entities, shall 

21 broadly disseminate information regarding— 

22 (1) the benefits that aliens may receive under 

23 this title and the amendments made by this title; 

24 and 


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1 (2) the requirements that an alien is required 

2 to meet to receive such benefits. 

3 SEC. 105. REPORTS ON BLUE CARDS. 

4 Not later than six months after the publication of the 

5 final rule under section 102(j), and annually thereafter for 

6 the following eight years, the Secretary shall submit a re7 port to Congress that identifies, for the previous fiscal 

8 year— 

9 (1) the number of aliens who applied for blue 

10 card status; 

11 (2) the number of aliens who were granted blue 

12 card status; 

13 (3) the number of aliens who applied for an ad14 justment of status pursuant to section 245B(a) of 

15 the Immigration and Nationality Act; and 

16 (4) the number of aliens who received an ad17 justment of status pursuant such section 245B(a). 

18 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to the Sec20 retary such amounts as may be necessary to implement 

21 this title, including any amounts needed for costs associ22 ated with the initiation of such implementation during fis23 cal years 2025 and 2026. 


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1 TITLE II—CORRECTION OF 

2 SOCIAL SECURITY RECORDS 

3 SEC. 201. CORRECTION OF SOCIAL SECURITY RECORDS. 

4 (a) IN GENERAL.—Section 208(e)(1) of the Social 

5 Security Act (42 U.S.C. 408(e)(1)) is amended— 

6 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

7 the end; 

8 (2) in subparagraph (C), by inserting ‘‘or’’ at 

9 the end; 

10 (3) by inserting after subparagraph (C) the fol11 lowing: 

12 ‘‘(D) who is granted blue card status 

13 under section 102 of the Agricultural Worker 

14 Program Act of 2024,’’; and 

15 (4) in the undesignated matter following sub16 paragraph (D), as added by paragraph (3), by strik17 ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 

18 an alien described in subparagraph (D), if such con19 duct is alleged to have occurred before the date on 

20 which the alien was granted blue card status under 

21 section 102(a) of the Agricultural Worker Program 

22 Act of 2024.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

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1 enth month that begins after the date of the enactment 

2 of this Act. 

3 TITLE III—DEFINITIONS 

4 SEC. 301. DEFINITIONS. 

5 In this division: 

6 (1) AGRICULTURAL EMPLOYMENT.—The term 

7 ‘‘agricultural employment’’ has the meaning given 

8 such term in section 3 of the Migrant and Seasonal 

9 Agricultural Worker Protection Act (29 U.S.C. 

10 1802), without regard to whether the specific service 

11 or activity is temporary or seasonal. 

12 (2) BLUE CARD STATUS.—The term ‘‘blue card 

13 status’’ means the status of an alien who has been 

14 lawfully admitted into the United States for tem15 porary residence under section 41101. 

16 (3) CHILD.—The term ‘‘child’’ has the meaning 

17 given such term in section 101(b)(1) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(b)(1)). 

19 (4) CONTINUOUS PRESENCE.—An alien shall be 

20 deemed to have maintained ‘‘continuous presence’’ in 

21 the United States for purposes of section 

22 102(a)(1)(B)(iii) if any absences from the United 

23 States during the applicable period were brief, cas24 ual, and innocent, whether or not such absences 

25 were authorized by the Secretary. 


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1 (5) EMPLOYER.—The term ‘‘employer’’ means 

2 any person or entity, including any farm labor con3 tractor and any agricultural association, that em4 ploys workers in agricultural employment. 

5 (6) QUALIFIED DESIGNATED ENTITY.—The 

6 term ‘‘qualified designated entity’’ means— 

7 (A) a qualified farm labor organization or 

8 an association of employers designated by the 

9 Secretary; or 

10 (B) any other entity that the Secretary 

11 designates as having substantial experience, 

12 demonstrated competence, and a history of 

13 long-term involvement in the preparation and 

14 submission of application for adjustment of sta15 tus under title II of the Immigration and Na16 tionality Act (8 U.S.C. 1151 et seq.). 

17 (7) QUALIFIED WORK.—The term ‘‘qualified 

18 work’’ means work performed in agricultural em19 ployment in the United States for not fewer than 

20 575 hours or 100 work days during the 2-year pe21 riod ending on the date of the enactment of this Act. 

22 (8) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Homeland Security. 


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1 (9) WORK DAY.—The term ‘‘work day’’ means 

2 any day in which the individual is employed 5.75 or 

3 more hours in agricultural employment. 

4 DIVISION D—SAVE ACT 

5 SEC. 101. SHORT TITLE. 

6 This Act may be cited as the ‘‘Safeguard American 

7 Voter Eligibility Act’’ or the ‘‘SAVE Act’’. 

8 SEC. 102. ENSURING ONLY CITIZENS ARE REGISTERED TO 

9 VOTE IN ELECTIONS FOR FEDERAL OFFICE. 

10 (a) DEFINITION OF DOCUMENTARY PROOF OF

11 UNITED STATES CITIZENSHIP.—Section 3 of the National 

12 Voter Registration Act of 1993 (52 U.S.C. 20502) is 

13 amended— 

14 (1) by striking ‘‘As used’’ and inserting ‘‘(a) IN

15 GENERAL.—As used’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(b) DOCUMENTARY PROOF OF UNITED STATES

18 CITIZENSHIP.—As used in this Act, the term ‘documen19 tary proof of United States citizenship’ means, with re20 spect to an applicant for voter registration, any of the fol21 lowing: 

22 ‘‘(1) A form of identification issued consistent 

23 with the requirements of the REAL ID Act of 2005 

24 that indicates the applicant is a citizen of the United 

25 States. 


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1 ‘‘(2) A valid United States passport. 

2 ‘‘(3) The applicant’s official United States mili3 tary identification card, together with a United 

4 States military record of service showing that the 

5 applicant’s place of birth was in the United States. 

6 ‘‘(4) A valid government-issued photo identifica7 tion card issued by a Federal, State or Tribal gov8 ernment showing that the applicant’s place of birth 

9 was in the United States. 

10 ‘‘(5) A valid government-issued photo identifica11 tion card issued by a Federal, State or Tribal gov12 ernment other than an identification described in 

13 paragraphs (1) through (4), but only if presented to14 gether with one or more of the following: 

15 ‘‘(A) A certified birth certificate issued by 

16 a State, a unit of local government in a State, 

17 or a Tribal government which— 

18 ‘‘(i) was issued by the State, unit of 

19 local government, or Tribal government in 

20 which the applicant was born; 

21 ‘‘(ii) was filed with the office respon22 sible for keeping vital records in the State; 

23 ‘‘(iii) includes the full name, date of 

24 birth, and place of birth of the applicant; 


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1 ‘‘(iv) lists the full names of one or 

2 both of the parents of the applicant; 

3 ‘‘(v) has the signature of an individual 

4 who is authorized to sign birth certificates 

5 on behalf of the State, unit of local govern6 ment, or Tribal government in which the 

7 applicant was born; 

8 ‘‘(vi) includes the date that the certifi9 cate was filed with the office responsible 

10 for keeping vital records in the State; and 

11 ‘‘(vii) has the seal of the State, unit 

12 of local government, or Tribal government 

13 that issued the birth certificate. 

14 ‘‘(B) An extract from a United States hos15 pital Record of Birth created at the time of the 

16 applicant’s birth which indicates that the appli17 cant’s place of birth was in the United States. 

18 ‘‘(C) A final adoption decree showing the 

19 applicant’s name and that the applicant’s place 

20 of birth was in the United States. 

21 ‘‘(D) A Consular Report of Birth Abroad 

22 of a citizen of the United States or a certifi23 cation of the applicant’s Report of Birth of a 

24 United States citizen issued by the Secretary of 

25 State. 


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1 ‘‘(E) A Naturalization Certificate or Cer2 tificate of Citizenship issued by the Secretary of 

3 Homeland Security or any other document or 

4 method of proof of United States citizenship 

5 issued by the Federal Government pursuant to 

6 the Immigration and Nationality Act. 

7 ‘‘(F) An American Indian Card issued by 

8 the Department of Homeland Security with the 

9 classification ‘KIC’.’’. 

10 (b) IN GENERAL.—Section 4 of the National Voter 

11 Registration Act of 1993 (52 U.S.C. 20503) is amended— 

12 (1) in subsection (a), by striking ‘‘subsection 

13 (b)’’ and inserting ‘‘subsection (c)’’; 

14 (2) by redesignating subsection (b) as sub15 section (c); and 

16 (3) by inserting after subsection (a) the fol17 lowing new subsection: 

18 ‘‘(b) REQUIRING APPLICANTS TO PRESENT DOCU19 MENTARY PROOF OF UNITED STATES CITIZENSHIP.— 

20 Under any method of voter registration in a State, the 

21 State shall not accept and process an application to reg22 ister to vote in an election for Federal office unless the 

23 applicant presents documentary proof of United States 

24 citizenship with the application.’’. 


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1 (c) REGISTRATION WITH APPLICATION FOR MOTOR

2 VEHICLE DRIVER’S LICENSE.—Section 5 of the National 

3 Voter Registration Act of 1993 (52 U.S.C. 20504) is 

4 amended— 

5 (1) in subsection (a)(1), by striking ‘‘Each 

6 State motor vehicle driver’s license application’’ and 

7 inserting ‘‘Subject to the requirements under section 

8 8(j), each State motor vehicle driver’s license appli9 cation’’; 

10 (2) in subsection (c)(1), by striking ‘‘Each 

11 State shall include’’ and inserting ‘‘Subject to the 

12 requirements under section 8(j), each State shall in13 clude’’; 

14 (3) in subsection (c)(2)(B)— 

15 (A) in clause (i), by striking ‘‘and’’ at the 

16 end; 

17 (B) in clause (ii), by adding ‘‘and’’ at the 

18 end; and 

19 (C) by adding at the end the following new 

20 clause: 

21 ‘‘(iii) verify that the applicant is a citizen 

22 of the United States;’’; 

23 (4) in subsection (c)(2)(C)(i), by striking ‘‘(in24 cluding citizenship)’’ and inserting ‘‘, including the 


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1 requirement that the applicant provides documentary 

2 proof of United States citizenship’’; and 

3 (5) in subsection (c)(2)(D)(iii), by striking ‘‘; 

4 and’’ and inserting the following: ‘‘, other than as 

5 evidence in a criminal proceeding or immigration 

6 proceeding brought against an applicant who know7 ingly attempts to register to vote and knowingly 

8 makes a false declaration under penalty of perjury 

9 that the applicant meets the eligibility requirements 

10 to register to vote in an election for Federal office; 

11 and’’. 

12 (d) REQUIRING DOCUMENTARY PROOF OF UNITED

13 STATES CITIZENSHIP WITH NATIONAL MAIL VOTER

14 REGISTRATION FORM.—Section 6 of the National Voter 

15 Registration Act of 1993 (52 U.S.C. 20505) is amended— 

16 (1) in subsection (a)(1)— 

17 (A) by striking ‘‘Each State shall accept 

18 and use’’ and inserting ‘‘Subject to the require19 ments under section 8(j), each State shall ac20 cept and use’’; and 

21 (B) by striking ‘‘Federal Election Commis22 sion’’ and inserting ‘‘Election Assistance Com23 mission’’; 

24 (2) in subsection (b), by adding at the end the 

25 following: ‘‘The chief State election official of a 


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1 State shall take such steps as may be necessary to 

2 ensure that residents of the State are aware of the 

3 requirement to provide documentary proof of United 

4 States citizenship to register to vote in elections for 

5 Federal office in the State.’’; 

6 (3) in subsection (c)(1)— 

7 (A) in subparagraph (A), by striking 

8 ‘‘and’’ at the end; 

9 (B) in subparagraph (B) by striking the 

10 period at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(C) the person did not provide documentary 

14 proof of United States citizenship when registering 

15 to vote.’’; and 

16 (4) by adding at the end the following new sub17 section: 

18 ‘‘(e) ENSURING PROOF OF UNITED STATES CITIZEN19 SHIP.— 

20 ‘‘(1) PRESENTING PROOF OF UNITED STATES

21 CITIZENSHIP TO ELECTION OFFICIAL.—An applicant 

22 who submits the mail voter registration application 

23 form prescribed by the Election Assistance Commis24 sion pursuant to section 9(a)(2) or a form described 

25 in paragraph (1) or (2) of subsection (a) shall not 


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1 be registered to vote in an election for Federal office 

2 unless— 

3 ‘‘(A) the applicant presents documentary 

4 proof of United States citizenship in person to 

5 the office of the appropriate election official not 

6 later than the deadline provided by State law 

7 for the receipt of a completed voter registration 

8 application for the election; or 

9 ‘‘(B) in the case of a State which permits 

10 an individual to register to vote in an election 

11 for Federal office at a polling place on the day 

12 of the election and on any day when voting, in13 cluding early voting, is permitted for the elec14 tion, the applicant presents documentary proof 

15 of United States citizenship to the appropriate 

16 election official at the polling place not later 

17 than the date of the election. 

18 ‘‘(2) NOTIFICATION OF REQUIREMENT.—Upon 

19 receiving an otherwise completed mail voter registra20 tion application form prescribed by the Election As21 sistance Commission pursuant to section 9(a)(2) or 

22 a form described in paragraph (1) or (2) of sub23 section (a), the appropriate election official shall 

24 transmit a notice to the applicant of the requirement 

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1 zenship under this subsection, and shall include in 

2 the notice instructions to enable the applicant to 

3 meet the requirement. 

4 ‘‘(3) ACCESSIBILITY.—Each State shall, in con5 sultation with the Election Assistance Commission, 

6 ensure that reasonable accommodations are made to 

7 allow an individual with a disability who submits the 

8 mail voter registration application form prescribed 

9 by the Election Assistance Commission pursuant to 

10 section 9(a)(2) or a form described in paragraph (1) 

11 or (2) of subsection (a) to present documentary 

12 proof of United States citizenship to the appropriate 

13 election official.’’. 

14 (e) REQUIREMENTS FOR VOTER REGISTRATION

15 AGENCIES.—Section 7 of the National Voter Registration 

16 Act of 1993 (52 U.S.C. 20506) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (4)(A), by adding at the 

19 end the following new clause: 

20 ‘‘(iv) Receipt of documentary proof of United 

21 States citizenship of each applicant to register to 

22 vote in elections for Federal office in the State.’’; 

23 and 

24 (B) in paragraph (6)— 


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1 (i) in subparagraph (A)(i)(I), by strik2 ing ‘‘(including citizenship)’’ and inserting 

3 ‘‘, including the requirement that the ap4 plicant provides documentary proof of 

5 United States citizenship’’; 

6 (ii) by redesignating subparagraph 

7 (B) as subparagraph (C); and 

8 (iii) by inserting after subparagraph 

9 (A) the following new subparagraph: 

10 ‘‘(B) ask the applicant the question, ‘Are you a 

11 citizen of the United States?’ and if the applicant 

12 answers in the affirmative require documentary 

13 proof of United States citizenship prior to providing 

14 the form under subparagraph (C);’’; and 

15 (2) in subsection (c)(1), by inserting ‘‘who are 

16 citizens of the United States’’ after ‘‘for persons’’. 

17 (f) REQUIREMENTS WITH RESPECT TO ADMINISTRA18 TION OF VOTER REGISTRATION.—Section 8 of the Na19 tional Voter Registration Act of 1993 (52 U.S.C. 20507) 

20 is amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘In the administration of 

23 voter registration’’ and inserting ‘‘Subject to 

24 the requirements of subsection (j), in the ad25 ministration of voter registration’’; and 


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1 (B) in paragraph (3)— 

2 (i) in subparagraph (B), by striking 

3 ‘‘or’’ at the end; and 

4 (ii) by adding at the end the following 

5 new subparagraphs: 

6 ‘‘(D) based on documentary proof or 

7 verified information that the registrant is not a 

8 United States citizen; or 

9 ‘‘(E) the registration otherwise fails to 

10 comply with applicable State law;’’; 

11 (2) by redesignating subsection (j) as sub12 section (l); and 

13 (3) by inserting after subsection (i) the fol14 lowing new subsections: 

15 ‘‘(j) ENSURING ONLY CITIZENS ARE REGISTERED TO

16 VOTE.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of this Act, a State may not register an in19 dividual to vote in elections for Federal office held 

20 in the State unless, at the time the individual ap21 plies to register to vote, the individual provides docu22 mentary proof of United States citizenship. 

23 ‘‘(2) ADDITIONAL PROCESSES IN CERTAIN

24 CASES.— 


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1 ‘‘(A) PROCESS FOR THOSE WITHOUT DOC2 UMENTARY PROOF.— 

3 ‘‘(i) IN GENERAL.—Subject to any rel4 evant guidance adopted by the Election As5 sistance Commission, each State shall es6 tablish a process under which an applicant 

7 who cannot provide documentary proof of 

8 United States citizenship under paragraph 

9 (1) may, if the applicant signs an attesta10 tion under penalty of perjury that the ap11 plicant is a citizen of the United States 

12 and eligible to vote in elections for Federal 

13 office, submit such other evidence to the 

14 appropriate State or local official dem15 onstrating that the applicant is a citizen of 

16 the United States and such official shall 

17 make a determination as to whether the 

18 applicant has sufficiently established 

19 United States citizenship for purposes of 

20 registering to vote in elections for Federal 

21 office in the State. 

22 ‘‘(ii) AFFIDAVIT REQUIREMENT.—If a 

23 State or local official makes a determina24 tion under clause (i) that an applicant has 

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1 zenship for purposes of registering to vote 

2 in elections for Federal office in the State, 

3 such determination shall be accompanied 

4 by an affidavit developed under clause (iii) 

5 signed by the official swearing or affirming 

6 the applicant sufficiently established 

7 United States citizenship for purposes of 

8 registering to vote. 

9 ‘‘(iii) DEVELOPMENT OF AFFIDAVIT

10 BY THE ELECTION ASSISTANCE COMMIS11 SION.—The Election Assistance Commis12 sion shall develop a uniform affidavit for 

13 use by State and local officials under 

14 clause (ii), which shall— 

15 ‘‘(I) include an explanation of the 

16 minimum standards required for a 

17 State or local official to register an 

18 applicant who cannot provide docu19 mentary proof of United States citi20 zenship to vote in elections for Fed21 eral office in the State; and 

22 ‘‘(II) require the official to ex23 plain the basis for registering such 

24 applicant to vote in such elections. 


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1 ‘‘(B) PROCESS IN CASE OF CERTAIN DIS2 CREPANCIES IN DOCUMENTATION.—Subject to 

3 any relevant guidance adopted by the Election 

4 Assistance Commission, each State shall estab5 lish a process under which an applicant can 

6 provide such additional documentation to the 

7 appropriate election official of the State as may 

8 be necessary to establish that the applicant is 

9 a citizen of the United States in the event of a 

10 discrepancy with respect to the applicant’s doc11 umentary proof of United States citizenship. 

12 ‘‘(3) STATE REQUIREMENTS.—Each State shall 

13 take affirmative steps on an ongoing basis to ensure 

14 that only United States citizens are registered to 

15 vote under the provisions of this Act, which shall in16 clude the establishment of a program described in 

17 paragraph (4) not later than 30 days after the date 

18 of the enactment of this subsection. 

19 ‘‘(4) PROGRAM DESCRIBED.—A State may meet 

20 the requirements of paragraph (3) by establishing a 

21 program under which the State identifies individuals 

22 who are not United States citizens using information 

23 supplied by one or more of the following sources: 


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1 ‘‘(A) The Department of Homeland Secu2 rity through the Systematic Alien Verification 

3 for Entitlements (‘SAVE’) or otherwise. 

4 ‘‘(B) The Social Security Administration 

5 through the Social Security Number 

6 Verification Service, or otherwise. 

7 ‘‘(C) State agencies that supply State iden8 tification cards or driver’s licenses where the 

9 agency confirms the United States citizenship 

10 status of applicants. 

11 ‘‘(D) Other sources, including databases, 

12 which provide confirmation of United States 

13 citizenship status. 

14 ‘‘(5) AVAILABILITY OF INFORMATION.— 

15 ‘‘(A) IN GENERAL.—At the request of a 

16 State election official (including a request re17 lated to a process established by a State under 

18 paragraph (2)(A) or (2)(B)), any head of a 

19 Federal department or agency possessing infor20 mation relevant to determining the eligibility of 

21 an individual to vote in elections for Federal of22 fice shall, not later than 24 hours after receipt 

23 of such request, provide the official with such 

24 information as may be necessary to enable the 

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1 istration in elections for Federal office held in 

2 the State or a registrant on the official list of 

3 eligible voters in elections for Federal office 

4 held in the State is a citizen of the United 

5 States, which shall include providing the official 

6 with such batched information as may be re7 quested by the official. 

8 ‘‘(B) USE OF SAVE SYSTEM.—The Sec9 retary of Homeland Security may respond to a 

10 request received under paragraph (1) by using 

11 the system for the verification of immigration 

12 status under the applicable provisions of section 

13 1137 of the Social Security Act (42 U.S.C. 

14 1320b-7), as established pursuant to section 

15 121(c) of the Immigration Reform and Control 

16 Act of 1986 (Public Law 99–603). 

17 ‘‘(C) SHARING OF INFORMATION.—The 

18 heads of Federal departments and agencies 

19 shall share information with each other with re20 spect to an individual who is the subject of a 

21 request received under paragraph (A) in order 

22 to enable them to respond to the request. 

23 ‘‘(D) INVESTIGATION FOR PURPOSES OF

24 REMOVAL.—The Secretary of Homeland Secu25 rity shall conduct an investigation to determine 


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1 whether to initiate removal proceedings under 

2 section 239 of the Immigration and Nationality 

3 Act (8 U.S.C. 1229) if it is determined pursu4 ant to subparagraph (A) or (B) that an alien 

5 (as such term is defined in section 101 of the 

6 Immigration and Nationality Act (8 U.S.C. 

7 1101)) is unlawfully registered to vote in elec8 tions for Federal office. 

9 ‘‘(E) PROHIBITING FEES.—The head of a 

10 Federal department or agency may not charge 

11 a fee for responding to a State’s request under 

12 paragraph (A). 

13 ‘‘(k) REMOVAL OF NONCITIZENS FROM REGISTRA14 TION ROLLS.—A State shall remove an individual who is 

15 not a citizen of the United States from the official list 

16 of eligible voters for elections for Federal office held in 

17 the State at any time upon receipt of documentation or 

18 verified information that a registrant is not a United 

19 States citizen.’’. 

20 (g) CLARIFICATION OF AUTHORITY OF STATE TO

21 REMOVE NONCITIZENS FROM OFFICIAL LIST OF ELIGI22 BLE VOTERS.— 

23 (1) IN GENERAL.—Section 8(a)(4) of the Na24 tional Voter Registration Act of 1993 (52 U.S.C. 

25 20507(a)(4)) is amended— 


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1 (A) by striking ‘‘or’’ at the end of subpara2 graph (A); 

3 (B) by adding ‘‘or’’ at the end of subpara4 graph (B); and 

5 (C) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(C) documentary proof or verified infor8 mation that the registrant is not a United 

9 States citizen;’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 8(c)(2)(B)(i) of such Act (52 U.S.C. 

12 20507(c)(2)(B)(i)) is amended by striking ‘‘(4)(A)’’ 

13 and inserting ‘‘(4)(A) or (C)’’. 

14 (h) REQUIREMENTS WITH RESPECT TO FEDERAL

15 MAIL VOTER REGISTRATION FORM.— 

16 (1) CONTENTS OF MAIL VOTER REGISTRATION

17 FORM.—Section 9(b) of such Act (52 U.S.C. 

18 20508(b)) is amended— 

19 (A) in paragraph (2)(A), by striking ‘‘(in20 cluding citizenship)’’ and inserting ‘‘(including 

21 an explanation of what is required to present 

22 documentary proof of United States citizen23 ship)’’; 

24 (B) in paragraph (3), by striking ‘‘and’’ at 

25 the end; 


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1 (C) in paragraph (4), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (D) by adding at the end the following new 

4 paragraph: 

5 ‘‘(5) shall include a section, for use only by a 

6 State or local election official, to record the type of 

7 document the applicant presented as documentary 

8 proof of United States citizenship, including the date 

9 of issuance, the date of expiration (if any), the office 

10 which issued the document, and any unique identi11 fication number associated with the document.’’. 

12 (2) INFORMATION ON MAIL VOTER REGISTRA13 TION FORM.—Section 9(b)(4) of such Act (52 

14 U.S.C. 20508(b)(4)) is amended— 

15 (A) by redesignating clauses (i) through 

16 (iii) as subparagraphs (A) through (C), respec17 tively; and 

18 (B) in subparagraph (C) (as so redesig19 nated and as amended by paragraph (1)(C)), by 

20 striking ‘‘; and’’ and inserting the following: ‘‘, 

21 other than as evidence in a criminal proceeding 

22 or immigration proceeding brought against an 

23 applicant who attempts to register to vote and 

24 makes a false declaration under penalty of per25 jury that the applicant meets the eligibility reVerDate Sep 11 2014 22:01 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H10034.IH H10034

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1 quirements to register to vote in an election for 

2 Federal office; and’’. 

3 (i) PRIVATE RIGHT OF ACTION.—Section 11(b)(1) of 

4 the National Voter Registration Act of 1993 (52 U.S.C. 

5 20510(b)(1)) is amended by striking ‘‘a violation of this 

6 Act’’ and inserting ‘‘a violation of this Act, including the 

7 act of an election official who registers an applicant to 

8 vote in an election for Federal office who fails to present 

9 documentary proof of United States citizenship,’’. 

10 (j) CRIMINAL PENALTIES.—Section 12(2) of such 

11 Act (52 U.S.C. 20511(2)) is amended— 

12 (1) by striking ‘‘or’’ at the end of subparagraph 

13 (A); 

14 (2) by redesignating subparagraph (B) as sub15 paragraph (D); and 

16 (3) by inserting after subparagraph (A) the fol17 lowing new subparagraphs: 

18 ‘‘(B) in the case of an officer or employee 

19 of the executive branch, providing material as20 sistance to a noncitizen in attempting to reg21 ister to vote or vote in an election for Federal 

22 office; 

23 ‘‘(C) registering an applicant to vote in an 

24 election for Federal office who fails to present 


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1 documentary proof of United States citizenship; 

2 or’’. 

3 (k) APPLICABILITY OF REQUIREMENTS TO CERTAIN

4 STATES.— 

5 (1) IN GENERAL.—Subsection (c) of section 4 

6 of the National Voter Registration Act of 1993 (52 

7 U.S.C. 20503), as redesignated by subsection (b), is 

8 amended by striking ‘‘This Act does not apply to a 

9 State’’ and inserting ‘‘Except with respect to the re10 quirements under subsection (i) and (j) of section 8 

11 in the case of a State described in paragraph (2), 

12 this Act does not apply to a State’’. 

13 (2) PERMITTING STATES TO ADOPT REQUIRE14 MENTS AFTER ENACTMENT.—Section 4 of such Act 

15 (52 U.S.C. 20503) is amended by adding at the end 

16 the following new subsection: 

17 ‘‘(d) PERMITTING STATES TO ADOPT CERTAIN RE18 QUIREMENTS AFTER ENACTMENT.—Subsections (i) and 

19 (j) of section 8 shall not apply to a State described in 

20 subsection (c)(2) if the State, by law or regulation, adopts 

21 requirements which are identical to the requirements 

22 under such subsections not later than 60 days prior to 

23 the date of the first election for Federal office which is 

24 held in the State after the date of the enactment of the 

25 SAVE Act.’’. 


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1 SEC. 103. ELECTION ASSISTANCE COMMISSION GUIDANCE. 

2 Not later than 10 days after the date of the enact3 ment of this Act, the Election Assistance Commission shall 

4 adopt and transmit to the chief State election official of 

5 each State guidance with respect to the implementation 

6 of the requirements under the National Voter Registration 

7 Act of 1993 (52 U.S.C. 20501 et seq.), as amended by 

8 section 102. 

9 SEC. 104. INAPPLICABILITY OF PAPERWORK REDUCTION 

10 ACT. 

11 Subchapter I of chapter 35 of title 44 (commonly re12 ferred to as the ‘‘Paperwork Reduction Act’’) shall not 

13 apply with respect to the development or modification of 

14 voter registration materials under the National Voter Reg15 istration Act of 1993 (52 U.S.C. 20501 et seq.), as 

16 amended by section 102, including the development or 

17 modification of any voter registration application forms. 

18 SEC. 105. DUTY OF SECRETARY OF HOMELAND SECURITY 

19 TO NOTIFY ELECTION OFFICIALS OF NATU20 RALIZATION. 

21 Upon receiving information that an individual has be22 come a naturalized citizen of the United States, the Sec23 retary of Homeland Security shall promptly provide notice 

24 of such information to the appropriate chief election offi25 cial of the State in which such individual is domiciled. 


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1 SEC. 106. RULE OF CONSTRUCTION REGARDING PROVI2 SIONAL BALLOTS. 

3 Nothing in this division or in any amendment made 

4 by this division may be construed to supercede, restrict, 

5 or otherwise affect the ability of an individual to cast a 

6 provisional ballot in an election for Federal office or to 

7 have the ballot counted in the election if the individual 

8 is verified as a citizen of the United States pursuant to 

9 section 8(j) of the National Voter Registration Act of 

10 1993 (as added by section 102(f)). 

11 SEC. 107. RULE OF CONSTRUCTION REGARDING EFFECT 

12 ON STATE EXEMPTIONS FROM OTHER FED13 ERAL LAWS. 

14 Nothing in this division or in any amendment made 

15 by this division may be construed to affect the exemption 

16 of a State from any requirement of any Federal law other 

17 than the National Voter Registration Act of 1993 (52 

18 U.S.C. 20501 et seq.). 

19 SEC. 108. EFFECTIVE DATE. 

20 This division and the amendments made by this divi21 sion shall take effect on the date of the enactment of this 

22 Act, and shall apply with respect to applications for voter 

23 registration which are submitted on or after such date. 

Æ 


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