II 

118TH CONGRESS 

2D SESSION S. 3796 

To prohibit the transfer of Department of Homeland Security staff from 

an international land port of entry along southwest border unless such 

transfer would not impact the processing of trade through such port 

of entry, such staff would be immediately replaced, or such staff are 

needed to actively engage in physical detentions to secure such border, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2024 

Mr. CRUZ (for himself, Mr. RICKETTS, Mr. SCOTT of Florida, Mr. LEE, and 

Mrs. BLACKBURN) introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To prohibit the transfer of Department of Homeland Security staff from an international land port of entry along 

southwest border unless such transfer would not impact 

the processing of trade through such port of entry, such 

staff would be immediately replaced, or such staff are 

needed to actively engage in physical detentions to secure 

such border, 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, 


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•S 3796 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Keeping International 

3 Land Ports of Entry Open Act’’. 

4 SEC. 2. MAINTAINING ADEQUATE STAFFING LEVELS AT 

5 INTERNATIONAL LAND PORTS OF ENTRY 

6 ALONG THE SOUTHWEST BORDER. 

7 (a) IN GENERAL.—In order to successfully carry out 

8 the duty to facilitate and expedite the flow of legitimate 

9 travelers and trade set forth in subsections (c)(3) and 

10 (g)(3)(D) of section 411 of the Homeland Security Act 

11 of 2002 (6 U.S.C. 211), Department of Homeland Secu12 rity staff may not be transferred from any international 

13 land port of entry along the international border between 

14 the United States and Mexico unless— 

15 (1) such transfer would not affect the proc16 essing of trade through such port of entry; 

17 (2) such staff member is immediately replaced 

18 by a staff member of similar ability; or 

19 (3) the transfer of such staff member is nec20 essary to actively engage in physical detentions to 

21 secure such border. 

22 (b) LIMITED EXCEPTION.—The exception set forth in 

23 subsection (a)(3) shall not apply to any function that does 

24 not directly involve the physical security of the inter25 national border between the United States and Mexico, 


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•S 3796 IS

1 such as the processing of aliens who have crossed such 

2 border. 

3 (c) NOTICE REQUIREMENTS.—When transferring 

4 staff pursuant to an exception set forth in subsection (a), 

5 the Secretary of Homeland Security, at the earliest oppor6 tunity, including before such transfers, if possible, and 

7 under no circumstances later than 24 hours after such 

8 transfers, shall provide— 

9 (1) written notice of such transfers, including 

10 an explanation of the applicability of a relevant ex11 ception under subsection (a), to the Committee on 

12 Homeland Security and Governmental Affairs of the 

13 Senate, the Committee on Commerce, Science, and 

14 Transportation of the Senate, the Committee on 

15 Homeland Security of the House of Representatives, 

16 and the Committee on Transportation and Infra17 structure of the House of Representatives; and 

18 (2) public notice of such transfers (without dis19 closing personally identifiable information) and any 

20 related closures at ports of entry for the benefit of 

21 participants in international trade who may be af22 fected by such closures. 

Æ 


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