II 

118TH CONGRESS 

1ST SESSION S. 276 

To require the Inspector General of the Department of Homeland Security 

to investigate the vetting and processing of illegal aliens apprehended 

along the southwest border and to ensure that all laws are being upheld. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2023 

Mr. SCOTT of Florida (for himself, Mr. TUBERVILLE, Mr. JOHNSON, Mr. 

CRUZ, Mr. TILLIS, Mr. CASSIDY, Mr. RUBIO, and Mr. LANKFORD) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To require the Inspector General of the Department of 

Homeland Security to investigate the vetting and processing of illegal aliens apprehended along the southwest 

border and to ensure that all laws are being upheld. 

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. 

4 This Act may be cited as the ‘‘Upholding the Law 

5 at Our Border Act’’. 


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1 SEC. 2. INVESTIGATION AND REPORT ON VETTING AND 

2 PROCESSING OF ILLEGAL ALIENS APPRE3 HENDED ALONG THE SOUTHWEST BORDER 

4 AND ENSURING THAT ALL LAWS ARE BEING 

5 UPHELD. 

6 Not less frequently than every 60 days until there 

7 have been fewer than 35,000 apprehensions per month at 

8 the southwest border for 3 consecutive months, the Inspec9 tor General of the Department of Homeland Security shall 

10 conduct an investigation and submit a report and provide 

11 a briefing to the President, the Secretary of Homeland 

12 Security, the Attorney General, the Committee on Home13 land Security and Governmental Affairs of the Senate, 

14 and the Committee on Homeland Security of the House 

15 of Representatives regarding, with respect to the period 

16 beginning on January 20, 2021— 

17 (1) the vetting procedures applicable to aliens 

18 (as defined in section 101(a) of the Immigration and 

19 Nationality Act (8 U.S.C. 1101(a))) seeking entry or 

20 admission to the United States who were appre21 hended along the southwest border of the United 

22 States, including the process for conducting in-per23 son interviews with such aliens and the number of 

24 such interviews that were conducted; 

25 (2) the total number of aliens who are unlaw26 fully present in the United States (referred to in this 


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1 section as ‘‘illegal aliens’’) who were processed and 

2 released into the interior of the United States; 

3 (3) the number of illegal aliens who received pa4 role (humanitarian or otherwise); 

5 (4) the results of the audit of parole applica6 tions, including the justification for any instances in 

7 which parole was granted; 

8 (5) the total number of illegal aliens who have 

9 been placed in removal proceedings pursuant to sec10 tion 240 of the Immigration and Nationality Act (8 

11 U.S.C. 1229a), including— 

12 (A) how many of such illegal aliens have 

13 been removed; and 

14 (B) how many of such illegal aliens are eli15 gible for any immigration benefit, such as asy16 lum or lawful permanent residence; 

17 (6) the results of the audit of asylum applica18 tion under section 208 of the Immigration and Na19 tionality Act (8 U.S.C. 1158); 

20 (7) the total number of illegal aliens who have 

21 been placed in expedited removal proceedings pursu22 ant to section 235(b)(1) of the Immigration and Na23 tionality Act (8 U.S.C. 1225(b)(1)), including how 

24 many have been removed; 


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1 (8) the efforts of the Department of Homeland 

2 Security to continually monitor all of the illegal 

3 aliens who were apprehended along the southwest 

4 border of the United States and then released on pa5 role, including— 

6 (A) the number of such illegal aliens who 

7 were given a ‘‘notice to report’’ to a U.S. Immi8 gration and Customs Enforcement office; 

9 (B) the number of such illegal aliens who 

10 actually reported in compliance with such notice 

11 to report; 

12 (C) the number of such illegal aliens who 

13 were given a ‘‘notice to appear’’ before an im14 migration judge; and 

15 (D) the number of such illegal aliens who 

16 have prior criminal convictions or terms of im17 prisonment in the United States or outside of 

18 the United States; 

19 (9) the total number of illegal aliens who were 

20 processed and released into the interior of the 

21 United States without participating in an alter22 natives to detention program, such as using an ankle 

23 monitor or another tracking monitor; and 

24 (10) the States and counties in which the De25 partment of Homeland Security or the Department 


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1 of Health and Human Services has resettled illegal 

2 aliens since January 20, 2021. 

Æ 


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