II 

118TH CONGRESS 

1ST SESSION S. 716 

To extend title 42 expulsion authority, to resume border wall system construction, to preserve the exclusive authority of immigration judges over asylum claims, and to codify the Migrant Protection Protocols. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2023 

Mr. RISCH (for himself, Mr. CRAPO, Mr. HAGERTY, Mr. BUDD, Mr. TILLIS, 

and Mr. BOOZMAN) introduced the following bill; which was read twice 

and referred to the Committee on Homeland Security and Governmental 

Affairs 

A BILL 

To extend title 42 expulsion authority, to resume border 

wall system construction, to preserve the exclusive authority of immigration judges over asylum claims, and 

to codify the Migrant Protection Protocols. 

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 ‘‘Solving the Border Crisis Act’’. 

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

7 this Act is as follows: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 716 IS

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Sense of Congress. 

Sec. 4. Definitions. 

Sec. 5. Termination of suspension of entries and imports from designated 

places related to the COVID–19 pandemic. 

Sec. 6. Resumption of border wall system construction. 

Sec. 7. Congressional resolution of disapproval regarding termination of the exclusive authority of immigration judges over asylum claims. 

Sec. 8. Treatment of aliens arriving from contiguous territory. 

Sec. 9. Minimum staffing levels. 

Sec. 10. Mandatory detention funding. 

Sec. 11. Report requirement. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The current situation at the southern bor4 der presents a border security and humanitarian cri5 sis that threatens core national security interests 

6 and constitutes a national emergency. 

7 (2) The southern border is a major entry point 

8 for criminals, gang members, and illicit narcotics. 

9 (3) Recent years have seen sharp increases in 

10 the number of family units entering and seeking 

11 entry to the United States. 

12 (4) If not detained, such aliens are often re13 leased into the country and are often difficult to re14 move from the United States because they fail to ap15 pear for hearings, do not comply with orders of re16 moval, or are otherwise difficult to locate. 

17 SEC. 3. SENSE OF CONGRESS. 

18 It is the sense of Congress that the President should 

19 use the authorities granted under sections 201 and 301 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 716 IS

1 of the National Emergencies Act (50 U.S.C. 1621 and 

2 1631) to declare that a national emergency exists at the 

3 southern border of the United States. 

4 SEC. 4. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; 

11 (B) the Committee on the Judiciary of the 

12 Senate; 

13 (C) the Committee on Appropriations of 

14 the Senate; 

15 (D) the Committee on Homeland Security 

16 of the House of Representatives; 

17 (E) the Committee on the Judiciary of the 

18 House of Representatives; and 

19 (F) the Committee on Appropriations of 

20 the House of Representatives. 

21 (2) TACTICAL INFRASTRUCTURE.—The term 

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

23 gates, checkpoints, lighting, and roads associated 

24 with a border wall system. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 716 IS

1 (3) TECHNOLOGY.—The term ‘‘technology’’ in2 cludes border surveillance and detection technology, 

3 including linear ground detection systems, cameras, 

4 underground detection sensors, and autonomous sen5 sor towers, associated with a border wall system. 

6 SEC. 5. TERMINATION OF SUSPENSION OF ENTRIES AND 

7 IMPORTS FROM DESIGNATED PLACES RE8 LATED TO THE COVID–19 PANDEMIC. 

9 (a) IN GENERAL.—An order of suspension issued 

10 under section 362 of the Public Health Service Act (42 

11 U.S.C. 265) as a result of the public health emergency 

12 relating to the Coronavirus Disease 2019 (COVID–19) 

13 pandemic declared by the Secretary of Health and Human 

14 Services on January 31, 2020 under section 319 of such 

15 Act (42 U.S.C. 247d), and any continuation of such dec16 laration, shall be lifted not earlier than 120 days after the 

17 date on which the Surgeon General provides written notifi18 cation to the appropriate committees of Congress that 

19 such public health emergency declaration and all such con20 tinuations have been terminated. 

21 (b) PROCEDURES DURING 60-DAY TERMINATION

22 WINDOW.— 

23 (1) PLAN.—Not later than 30 days after the 

24 date on which a written notification is provided pur25 suant to subsection (a) with respect to an order of 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 716 IS

1 suspension, the Secretary of Homeland Security, in 

2 consultation with the Surgeon General and the head 

3 of any other Federal agency, State, Tribal, or local 

4 government, or nongovernmental organization that 

5 has a role in managing outcomes associated with 

6 such suspension (as determined by the Secretary or 

7 his or her designee), shall develop and submit a plan 

8 to the appropriate committees of Congress that ad9 dresses any possible influx of entries or imports (as 

10 described in such order of suspension) related to the 

11 termination of such order. 

12 (2) FAILURE TO SUBMIT.—If the plan required 

13 under paragraph (1) is not submitted to the appro14 priate committees of Congress before the end of the 

15 30-day period described in such paragraph— 

16 (A) the Secretary of Homeland Security 

17 shall submit, not later than 7 days after the ex18 piration of such 30-day period, written notifica19 tion to the appropriate committees of Congress 

20 of the status of preparing such plan and the 

21 date on by such plan will be submitted in ac22 cordance with paragraph (1); and 

23 (B) the termination of the order of suspen24 sion described in subsection (a) shall be delayed 

25 until the date that is 30 days after the date on 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 716 IS

1 which such plan is submitted to the appropriate 

2 committees of Congress. 

3 SEC. 6. RESUMPTION OF BORDER WALL SYSTEM CON4 STRUCTION. 

5 (a) BORDER WALL SYSTEM CONSTRUCTION.— 

6 (1) IN GENERAL.— 

7 (A) IMMEDIATELY RESUME BORDER WALL

8 SYSTEM CONSTRUCTION.—Not later than 24 

9 hours after the date of the enactment of this 

10 Act, the Secretary of Homeland Security shall 

11 resume all activities related to the construction 

12 of the border wall system along the inter13 national border between the United States and 

14 Mexico that were underway or being planned 

15 for before January 20, 2021. 

16 (B) NO CANCELLATIONS.—The Secretary 

17 of Homeland Security may not cancel any con18 tract for activities related to border wall system 

19 construction described in paragraph (1) that 

20 was entered into on or before January 20, 

21 2021. 

22 (C) USE OF FUNDS.—The Secretary of 

23 Homeland Security shall expend all funds ap24 propriated or explicitly obligated for border wall 

25 system construction described in paragraph (1) 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 716 IS

1 that were appropriated or obligated, as the case 

2 may be, on or after October 1, 2016. 

3 (D) IMPLEMENTATION PLAN.—Not later 

4 than 30 days after the date of enactment of 

5 this Act, the Secretary of Homeland Security 

6 shall submit an implementation plan to the ap7 propriate congressional committees for the com8 pletion, by not later than September 30, 2024, 

9 of the border wall system construction described 

10 in paragraph (1) and funded in accordance with 

11 subparagraph (C). 

12 (2) PLAN TO COMPLETE TACTICAL INFRA13 STRUCTURE AND TECHNOLOGY ELEMENTS OF BOR14 DER WALL SYSTEM.—Not later than 90 days after 

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

16 of Homeland Security shall submit an implementa17 tion plan to the appropriate congressional commit18 tees that includes quarterly benchmarks and cost es19 timates for satisfying all of the requirements of the 

20 border wall system construction described in para21 graph (1)(A), including tactical infrastructure, tech22 nology, and other elements identified by the Depart23 ment of Homeland Security before January 20, 

24 2021, through the expenditure of funds appropriated 

25 or explicitly obligated, as the case may be, for use 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 716 IS

1 beginning on October 1, 2016, and any additional 

2 funds appropriated by Congress for such purpose. 

3 (3) UPHOLD NEGOTIATED AGREEMENTS.—The 

4 Secretary of Homeland Security shall ensure that all 

5 agreements relating to current and future border 

6 wall system construction that were executed in writ7 ing between the Department of Homeland Security 

8 and private citizens, State, Tribal, and local govern9 ments, and other stakeholders are honored by the 

10 Department in accordance with the terms of such 

11 agreements. 

12 (b) DNA COLLECTION CONSISTENT WITH FEDERAL

13 LAW.—Not later than 14 days after the date of the enact14 ment of this Act, the Secretary of Homeland Security shall 

15 ensure and certify to the Committee on Homeland Secu16 rity and Governmental Affairs of the Senate and the Com17 mittee on Homeland Security of the House of Representa18 tives that U.S. Customs and Border Protection is fully 

19 compliant with the DNA Fingerprint Act of 2005 (title 

20 X of Public Law 109–162) at all border facilities that 

21 process adults (including as part of a family unit) in the 

22 custody of U.S. Customs and Border Protection. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 716 IS

1 SEC. 7. CONGRESSIONAL RESOLUTION OF DISAPPROVAL 

2 REGARDING TERMINATION OF THE EXCLU3 SIVE AUTHORITY OF IMMIGRATION JUDGES 

4 OVER ASYLUM CLAIMS. 

5 Congress disapproves the interim final rule submitted 

6 by the Executive Office for Immigration Review and U.S. 

7 Citizenship and Immigration Services, relating to ‘‘Proce8 dures for Credible Fear Screening and Consideration of 

9 Asylum, Withholding of Removal, and CAT Protection 

10 Claims by Asylum Officers’’ (87 Fed. Reg. 18078) and 

11 such rule shall have no force or effect. 

12 SEC. 8. TREATMENT OF ALIENS ARRIVING FROM CONTIG13 UOUS TERRITORY. 

14 Section 235(b)(2)(C) of the Immigration and Nation15 ality Act (8 U.S.C. 1225(b)(2)(C)) is amended by striking 

16 ‘‘may return’’ and all that follows and inserting the fol17 lowing: ‘‘shall—’’ 

18 ‘‘(i) return the alien to such territory, 

19 or to a safe third country (as described in 

20 section 208), pending a proceeding under 

21 section 240; or 

22 ‘‘(ii) detain the alien for further con23 sideration of an application for asylum, 

24 which shall include a determination of 

25 credible fear of persecution.’’. 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 716 IS

1 SEC. 9. MINIMUM STAFFING LEVELS. 

2 (a) OFFICE OF ENFORCEMENT AND REMOVAL OPER3 ATIONS.—The Secretary of Homeland Security shall en4 sure that there are always not fewer than 10,000 full-time 

5 equivalent employees in the Office of Enforcement and Re6 moval Operations of U.S. Immigration and Customs En7 forcement. 

8 (b) U.S. BORDER PATROL.—The Secretary of Home9 land Security shall ensure that the authorized personnel 

10 level for United States Border Patrol agents is not fewer 

11 than 25,000 agents, excluding Border Patrol Reserve 

12 Agents and Border Patrol Processing Coordinators. 

13 (c) OFFICE OF FIELD OPERATIONS.—The Secretary 

14 of Homeland Security shall ensure that the authorized 

15 personnel level for U.S. Customs and Border Protection 

16 officers in the Office of Field Operations is not fewer than 

17 25,000 officers, excluding Agriculture Specialists. 

18 SEC. 10. MANDATORY DETENTION FUNDING. 

19 Section 386(a) of the Illegal Immigration Reform and 

20 Immigrant Responsibility Act of 1996 (8 U.S.C. 1368(a)) 

21 is amended to read as follows: 

22 ‘‘(a) INCREASE IN DETENTION FACILITIES.— 

23 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

24 Security shall ensure that sufficient detention facili25 ties are available for U.S. Immigration and Customs 

26 Enforcement to comply with the mandatory detenVerDate Sep 11 2014 04:17 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S716.IS S716

kjohnson on DSK79L0C42PROD with BILLS
11 

•S 716 IS

1 tion requirements under section 235 of the Immigra2 tion and Nationality Act (8 U.S.C. 1225). 

3 ‘‘(2) FUNDING.—In addition to any amounts 

4 otherwise appropriated for such purpose, the Sec5 retary of Homeland Security may use any manda6 tory fees collected by the Department of Homeland 

7 Security for expenses incurred by the Secretary to 

8 inspect, detain, transport, and provide medical care 

9 and any other needed goods or services to aliens who 

10 have been detained pursuant to section 235 of the 

11 Immigration and Nationality Act (8 U.S.C. 1225).’’. 

12 SEC. 11. REPORT REQUIREMENT. 

13 Not later than 60 days after the date of the enact14 ment of this Act, the Secretary of Homeland Security shall 

15 submit a report to the appropriate congressional commit16 tees that outlines how the Department of Homeland Secu17 rity is attempting to mitigate border encounters. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS