I 

117TH CONGRESS 

1ST SESSION H. R. 1883 

To enact a moratorium on immigration, build the wall, prioritize securing 

the Southern border, repeal certain Executive orders which endanger 

the security of the United States, re-assert a zero-tolerance immigration 

policy, ensure the safe return of unaccompanied alien children, reduce 

human trafficking, deport criminal aliens, and end chain migration. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2021 

Mrs. GREENE of Georgia 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, Intelligence (Permanent Select), 

Foreign Affairs, Armed Services, Energy and Commerce, House Administration, and Science, Space, and Technology, 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 enact a moratorium on immigration, build the wall, 

prioritize securing the Southern border, repeal certain 

Executive orders which endanger the security of the 

United States, re-assert a zero-tolerance immigration policy, ensure the safe return of unaccompanied alien children, reduce human trafficking, deport criminal aliens, 

and end chain migration. 

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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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; SEVER2 ABILITY; DEFINITIONS. 

3 (a) This Act may be cited as the ‘‘Protect America 

4 First Act’’. 

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

6 this Act are as follows: 

Sec. 1. Short title; table of contents; severability; definitions. 

Sec. 2. Purpose. 

Sec. 3. Findings. 

Sec. 4. Sense of Congress. 

Sec. 5. Reduced removal period for aliens ordered removed. 

Sec. 6. Temporary immigration moratorium; expedited deportation. 

Sec. 7. ICE detention of violent aliens. 

Sec. 8. No Federal funding for ‘‘Sanctuary Cities’’. 

Sec. 9. Empowering local law enforcement to ensure immigration security. 

Sec. 10. Build the wall. 

Sec. 11. Re-asserting zero-tolerance immigration policy. 

Sec. 12. Repeal of certain Executive orders signed after January 19, 2021. 

Sec. 13. Rescinding Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA). 

Sec. 14. Prohibition of financial aid to Mexico, Central American, and South 

American countries. 

7 (c) SEVERABILITY.—If any provision of this Act, or 

8 the application of such provision to any person or cir9 cumstance, is held invalid, the remainder of this Act, and 

10 the application of such provision to other persons not simi11 larly situated or to other circumstances, shall not be af12 fected by such invalidation. 

13 (d) DEFINITIONS.—In this Act: 

14 (1) ‘‘Alien’’ refers to anyone who is not a cit15 izen or a national of the United States as defined in 

16 the Immigration and Nationality Act (INA) 

17 101(a)(3), 8 U.S.C. 1101(a)(3). 


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1 (2) ‘‘Inadmissible Alien’’ refers to any alien who 

2 is ineligible to receive visas or be lawfully admitted 

3 to the United States. 

4 (3) ‘‘Central American country’’ is defined as 

5 any of the following countries: Guatemala, Belize, El 

6 Salvador, Honduras, Nicaragua, Costa Rica, and 

7 Panama. 

8 (4) ‘‘South American country’’ is defined as any 

9 of the following countries: Brazil, Argentina, Peru, 

10 Columbia, Bolivia, Venezuela, Chile, Paraguay, Ec11 uador, Guyana, Uruguay, Suriname, and French 

12 Guiana. 

13 SEC. 2. PURPOSE. 

14 It is the purpose of this Act to cease all foreign immi15 gration to the United States for a period of four years 

16 until the border is secured and Americans can return to 

17 work. It is also the purpose of this Act to repeal certain 

18 Executive orders which endanger the security of the 

19 United States, re-assert a zero-tolerance immigration pol20 icy, ensure the safe return of unaccompanied alien chil21 dren, reduce human trafficking, deport criminal aliens, 

22 and end chain migration. 

23 SEC. 3. FINDINGS. 

24 Congress finds the following: 


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1 (1) The Constitution gives Congress absolute 

2 power to create a uniform rule of naturalization 

3 under Article I, Section 8, Clause 4. 

4 (2) Between 2013 and 2014, the number of un5 accompanied children apprehended at the border in6 creased nearly 80 percent, from 38,759 in fiscal year 

7 2013 (October 2012–September 2013) to 68,541 in 

8 fiscal year 2014 (October 2013–September 2014). 

9 (3) The New York Times concluded that the 

10 William Wilberforce Trafficking Victims Protection 

11 Reauthorization Act of 2008 (Public Law 110–457, 

12 hereafter ‘‘Wilberforce Act’’) enacted during the 

13 transition to the Obama administration was at the 

14 root of the calamitous flow of unaccompanied minors 

15 to the Nation’s southern border in 2014. 

16 (4) According to Cable News Network (CNN), 

17 the Wilberforce Act contributed to the surge of child 

18 migrants from Central America by preventing the 

19 United States from sending the children back with20 out an asylum hearing. 

21 (5) According to then-Presidential Candidate 

22 Biden, it is a ‘‘moral failing when children are 

23 locked away in overcrowded detention centers’’. 

24 (6) According to the Los Angeles Times, Presi25 dent Obama’s Administration, under the leadership 


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1 of Vice President Joe Biden, Homeland Security 

2 Secretary Jeh Johnson and Deputy Secretary 

3 Alejandro Mayorkas, built the overcrowded detention 

4 centers (so-called ‘‘cages’’). 

5 (7) President Biden has made the following ac6 tions concerning immigration: 

7 (A) Revoked President Trump’s travel ban 

8 (Executive Order 13780) and allowed visa proc9 essing to begin again. 

10 (B) Stopped all construction of a Southern 

11 border wall and started the process to redirect 

12 the funds appropriated for building a border 

13 wall. 

14 (C) Given Federal agencies the power to 

15 completely overhaul President Trump’s immi16 gration policies (Executive Order 13993). 

17 (D) Declared that Federal agents can no 

18 longer deputize local law enforcement to assist 

19 at the border when they are overwhelmed (Ex20 ecutive Order 13993). 

21 (E) Directed the Department of Homeland 

22 Security to preserve and fortify DACA. 

23 (F) Directed the Department of Homeland 

24 Security to expand pathways for individuals 

25 from the Northern Triangle to enter the United 


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1 States, including by chain migration, and re2 introduces ‘‘catch and release’’ immigration 

3 practices (Executive Order 14010). 

4 (G) Stopped President Trump’s efforts to 

5 halt immigration in order to slow the spread of 

6 COVID–19 (Executive Order 14010). 

7 (H) Targeted President Trump’s Migra8 tion Protection Protocols for probable recission 

9 so that asylum seekers can enter more easily 

10 (Executive Order 14010). 

11 (8) President Trump supported deporting all 

12 undocumented immigrants (‘‘inadmissible aliens’’) 

13 and called for an end to unnaturalized birthright 

14 citizenship in the United States. 

15 (9) According to the BBC, border detentions 

16 significantly increased under the Trump Administra17 tion. 

18 SEC. 4. SENSE OF CONGRESS. 

19 It is the sense of Congress that: 

20 (1) The legal immigration system of the United 

21 States should be curtailed to those that can con22 tribute not only economically but have demonstrated 

23 respect for this Nation’s culture and rule of law. 


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1 (2) America’s borders must be defended, and il2 legal immigration must be stopped without excep3 tion. 

4 (3) A measure of a country’s greatness is the 

5 value recognized in being a citizen. As such, America 

6 cannot tarnish the citizenship designation by reward7 ing those who fail to follow the laws at the expense 

8 of those who do. 

9 (4) Amnesty must be rejected in all forms. 

10 (5) Unnaturalized birthright citizenship—which 

11 actively encourages hostile interests to undermine 

12 the legitimacy of democratic self-governance by en13 gaging in subversive ‘‘birth tourism’’ and chain mi14 gration—is contrary to the intent of the 14th 

15 Amendment to the Constitution. 

16 (6) Federally imposed refugee resettlement pro17 grams should be rejected due both to disruption to 

18 local communities and the corruption rampant with19 in these programs. 

20 SEC. 5. REDUCED REMOVAL PERIOD FOR ALIENS ORDERED 

21 REMOVED. 

22 Title 8 U.S.C. 1231(a)(1)(A) is amended by striking 

23 ‘‘90 days’’ and inserting ‘‘30 days’’. 


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1 SEC. 6. TEMPORARY IMMIGRATION MORATORIUM; EXPE2 DITED DEPORTATION. 

3 Title 8, United States Code, is amended by adding 

4 at the end the following new section: 

5 ‘‘SEC. 1383. TEMPORARY MORATORIUM OF IMMIGRATION; 

6 RAPID DEPORTATION. 

7 ‘‘(a) Notwithstanding any other provision of law, fol8 lowing the date of enactment of this Act, any alien who 

9 unlawfully enters the United States without a valid pass10 port or other proof of U.S. Citizenship at a port of entry 

11 shall be treated as an ‘inadmissible alien’ under 8 U.S.C. 

12 1182(a) and under a removal order from the Attorney 

13 General as prescribed at 8 U.S.C. 1231(a)(1)(A). 

14 ‘‘(b) Further, such inadmissible aliens shall also be— 

15 ‘‘(1) assumed to fall under the communicable 

16 disease-carrying health-related status (8 U.S.C. 

17 1182(1)(A)(i)); and 

18 ‘‘(2) be subject to immediate detention and de19 portation (as though already ordered by the Attor20 ney General at 8 U.S.C. 1231(a)(1)(A)) to their 

21 country of origin within 30 days of being detained 

22 by a United States law enforcement or Homeland 

23 Security officer. 

24 ‘‘(c) Further, such inadmissible aliens who are de25 tained after January 1, 2021, shall not be required to ap26 pear before an immigration judge for adjudication pursuVerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883

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1 ant to the procedures outlined in 8 U.S.C. 1229(a) and 

2 8 U.S.C. 1229. 

3 ‘‘(d) Further, such removal proceedings under 

4 1229(a) shall be used to adjudicate asylum and immigra5 tion claims filed before January 1, 2021. 

6 ‘‘(e) Further, such inadmissible aliens as described 

7 in this section shall, under no circumstances, be released 

8 from law enforcement custody while awaiting deportation. 

9 ‘‘(f) TIME LIMITATION.—This section shall apply for 

10 4 calendar years following the date of enactment of this 

11 Act.’’. 

12 SEC. 7. ICE DETENTION OF VIOLENT ALIENS. 

13 (a) Section 236(c) of the Immigration and Nation14 ality Act (8 U.S.C. 1226(c)) is amended— 

15 (1) in paragraph (1)— 

16 (A) in subparagraphs (A) and (B), by 

17 striking the comma at the end of each subpara18 graph and inserting a semicolon; 

19 (B) in subparagraph (C)— 

20 (i) by striking ‘‘sentence’’ and insert21 ing ‘‘sentenced’’; and 

22 (ii) by striking ‘‘, or’’ and inserting a 

23 semicolon; 

24 (C) in subparagraph (D), by striking the 

25 comma at the end and inserting ‘‘; or’’; and 


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1 (D) by inserting after subparagraph (D) 

2 the following: 

3 ‘‘(E)(i)(I) was not inspected and admitted 

4 into the United States; 

5 ‘‘(II) held a nonimmigrant visa (or other 

6 documentation authorizing admission into the 

7 United States as a nonimmigrant) that has 

8 been revoked under section 221(i); or 

9 ‘‘(III) is described in section 

10 237(a)(1)(C)(i); and 

11 ‘‘(ii) has been charged by a prosecuting au12 thority in the United States with any crime 

13 that resulted in the death or serious bodily in14 jury (as defined in section 1365(h)(3) of title 

15 18, United States Code) of another person,’’; 

16 and 

17 (2) by adding at the end the following: 

18 ‘‘(3) NOTIFICATION REQUIREMENT.—Upon en19 countering or gaining knowledge of an alien de20 scribed in paragraph (1), the Assistant Secretary of 

21 Homeland Security for Immigration and Customs 

22 Enforcement shall make reasonable efforts— 

23 ‘‘(A) to obtain information from law en24 forcement agencies and from other available 

25 sources regarding the identity of any victims of 


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1 the crimes for which such alien was charged or 

2 convicted; and 

3 ‘‘(B) to provide the victim or, if the victim 

4 is deceased, a parent, guardian, spouse, or clos5 est living relative of such victim, with informa6 tion, on a timely and ongoing basis, including— 

7 ‘‘(i) the alien’s full name, aliases, date 

8 of birth, and country of nationality; 

9 ‘‘(ii) the alien’s immigration status 

10 and criminal history; 

11 ‘‘(iii) the alien’s custody status and 

12 any changes related to the alien’s custody; 

13 and 

14 ‘‘(iv) a description of any efforts by 

15 the United States Government to remove 

16 the alien from the United States.’’. 

17 (b) SAVINGS PROVISION.—Nothing in this Act, or the 

18 amendments made by this Act, may be construed to limit 

19 the rights of crime victims under any other provision of 

20 law, including section 3771 of title 18, United States 

21 Code. 

22 SEC. 8. NO FEDERAL FUNDING FOR ‘‘SANCTUARY CITIES’’. 

23 Section 241(i) of the Immigration and Nationality 

24 Act (8 U.S.C. 1231(i)) is amended by adding at the end 

25 the following: 


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1 ‘‘(7) A State (or a political subdivision of a 

2 State) shall not be eligible to enter into a contrac3 tual arrangement under paragraph (1) if the State 

4 (or political subdivision)— 

5 ‘‘(A) has in effect any law, policy, or proce6 dure in contravention of subsection (a) or (b) of 

7 section 642 of the Illegal Immigration Reform 

8 and Immigrant Responsibility Act of 1996 (8 

9 U.S.C. 1373); or 

10 ‘‘(B) prohibits State or local law enforce11 ment officials from gathering information re12 garding the citizenship or immigration status, 

13 lawful or unlawful, of any individual.’’. 

14 (a) LIMITATION ON DOJ GRANT PROGRAMS.— 

15 (1) COPS.—In the case of a State or unit of 

16 local government that received a grant award under 

17 part Q of title I of the Omnibus Crime Control and 

18 Safe Streets Act of 1968 (42 U.S.C. 3796dd et 

19 seq.), if, during a fiscal year, that State or local gov20 ernment is a State or local government described in 

21 subsection (c), the Attorney General shall withhold 

22 all of the amount that would otherwise be awarded 

23 to that State or unit of local government for the fol24 lowing fiscal year. 


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1 (2) BYRNE-JAG.—In the case of a State or 

2 unit of local government that received a grant award 

3 under subpart 1 of part E of title I of the Omnibus 

4 Crime Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3750 et seq.), if, during a fiscal year, that 

6 State or unit of local government is described in 

7 subsection (c), the Attorney General shall withhold 

8 all of the amount that would otherwise be awarded 

9 to that State or unit of local government for the fol10 lowing fiscal year. 

11 (3) STATES AND LOCAL GOVERNMENTS DE12 SCRIBED.—A State or unit of local government de13 scribed in this subsection is any State or local gov14 ernment that— 

15 (A) has in effect any law, policy, or proce16 dure in contravention of subsection (a) or (b) of 

17 section 642 of the Illegal Immigration Reform 

18 and Immigrant Responsibility Act of 1996 (8 

19 U.S.C. 1373); or 

20 (B) prohibits State or local law enforce21 ment officials from gathering information re22 garding the citizenship or immigration status, 

23 lawful or unlawful, of any individual. 


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1 SEC. 9. EMPOWERING LOCAL LAW ENFORCEMENT TO EN2 SURE IMMIGRATION SECURITY. 

3 (a) FEDERAL AFFIRMATION OF ASSISTANCE IN THE

4 IMMIGRATION LAW ENFORCEMENT BY STATES AND PO5 LITICAL SUBDIVISIONS OF STATES.—Notwithstanding 

6 any other provision of law and reaffirming the existing in7 herent authority of States, law enforcement personnel of 

8 a State, or of a political subdivision of a State, have the 

9 inherent authority of a sovereign entity to investigate, 

10 identify, apprehend, arrest, detain, or transfer to Federal 

11 custody aliens in the United States (including the trans12 portation of such aliens across State lines to detention 

13 centers), for the purposes of assisting in the enforcement 

14 of the immigration laws of the United States in the course 

15 of carrying out routine duties. This State authority has 

16 never been displaced or preempted by Congress. 

17 (b) STATE AUTHORIZATION FOR ASSISTANCE IN THE

18 ENFORCEMENT OF IMMIGRATION LAWS ENCOURAGED.— 

19 (1) IN GENERAL.—Effective on the enactment 

20 date of this Act, a State, or a political subdivision 

21 of a State, that has in effect a statute, policy, or 

22 practice that prohibits law enforcement officers of 

23 the State, or of a political subdivision of the State, 

24 from assisting or cooperating with Federal immigra25 tion law enforcement in the course of carrying out 

26 the officers’ routine law enforcement duties shall not 


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1 receive any of the funds that would otherwise be al2 located to the State under section 241(i) of the Im3 migration and Nationality Act (8 U.S.C. 1231(i)). 

4 (2) CONSTRUCTION.—Nothing in this section 

5 shall require law enforcement officials from States, 

6 or from political subdivisions of States, to report or 

7 arrest victims or witnesses of a criminal offense. 

8 (3) REALLOCATION OF FUNDS.—Any funds 

9 that are not allocated to a State, or to a political 

10 subdivision of a State, due to the failure of the 

11 State, or of the political subdivision of the State, to 

12 comply with subsection (a) shall be reallocated to 

13 States, or to political subdivisions of States, that 

14 comply with such subsection. 

15 (c) LISTING OF IMMIGRATION VIOLATORS IN THE

16 NATIONAL CRIME INFORMATION CENTER DATABASE.— 

17 (1) PROVISION OF INFORMATION TO THE

18 NCIC.—Not later than 180 days after the date of the 

19 enactment of this Act and periodically thereafter as 

20 updates may require, the Under Secretary for Bor21 der and Transportation Security of the Department 

22 of Homeland Security shall provide the National 

23 Crime Information Center of the Department of 

24 Justice with such information as the Under Sec25 retary may possess regarding any aliens against 


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1 whom a final order of removal has been issued, any 

2 aliens who have signed a voluntary departure agree3 ment, any aliens who have overstayed their author4 ized period of stay, and any aliens whose visas have 

5 been revoked. The National Crime Information Cen6 ter shall enter such information into the Immigra7 tion Violators File of the National Crime Informa8 tion Center database, regardless of whether— 

9 (A) the alien concerned received notice of 

10 a final order of removal; 

11 (B) the alien concerned has already been 

12 removed; or 

13 (C) sufficient identifying information is 

14 available with respect to the alien concerned. 

15 (2) INCLUSION OF INFORMATION IN THE NCIC

16 DATABASE.— 

17 (A) IN GENERAL.—Section 534(a) of title 

18 28, United States Code, is amended— 

19 (i) in paragraph (3), by striking 

20 ‘‘and’’ at the end; 

21 (ii) by redesignating paragraph (4) as 

22 paragraph (5); and 

23 (iii) by inserting after paragraph (3) 

24 the following new paragraph: 


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1 ‘‘(4) acquire, collect, classify, and preserve 

2 records of violations by aliens of the immigration 

3 laws of the United States, regardless of whether any 

4 such alien has received notice of the violation or 

5 whether sufficient identifying information is avail6 able with respect to any such alien and even if any 

7 such alien has already been removed from the 

8 United States; and’’. 

9 (B) EFFECTIVE DATE.—The Attorney 

10 General shall ensure that the amendment made 

11 by paragraph (1) is implemented by not later 

12 than 6 months after the date of the enactment 

13 of this Act. 

14 (d) STATE AND LOCAL LAW ENFORCEMENT PROVI15 SION OF INFORMATION ABOUT APPREHENDED ALIENS.— 

16 (1) PROVISION OF INFORMATION.—In compli17 ance with section 642(a) of the Illegal Immigration 

18 Reform and Immigrant Responsibility Act of 1996 

19 (8 U.S.C. 1373) and section 434 of the Personal Re20 sponsibility and Work Opportunity Reconciliation 

21 Act of 1996 (8 U.S.C. 1644), each State, and each 

22 political subdivision of a State, shall provide the Sec23 retary of Homeland Security in a timely manner 

24 with the information specified in subsection (b) with 

25 respect to each alien apprehended in the jurisdiction 


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1 of the State, or in the political subdivision of the 

2 State, who is believed to be in violation of the immi3 gration laws of the United States. 

4 (2) INFORMATION REQUIRED.—The information 

5 referred to in subsection (a) is as follows: 

6 (A) The alien’s name. 

7 (B) The alien’s address or place of resi8 dence. 

9 (C) A physical description of the alien. 

10 (D) The date, time, and location of the en11 counter with the alien and reason for stopping, 

12 detaining, apprehending, or arresting the alien. 

13 (E) If applicable, the alien’s driver’s li14 cense number and the State of issuance of such 

15 license. 

16 (F) If applicable, the type of any other 

17 identification document issued to the alien, any 

18 designation number contained on the identifica19 tion document, and the issuing entity for the 

20 identification document. 

21 (G) If applicable, the license plate number, 

22 make, and model of any automobile registered 

23 to, or driven by, the alien. 

24 (H) A photo of the alien, if available or 

25 readily obtainable. 


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1 (I) The alien’s fingerprints, if available or 

2 readily obtainable. 

3 (3) ANNUAL REPORT ON REPORTING.—The 

4 Secretary shall maintain and annually submit to 

5 Congress a detailed report listing the States, or the 

6 political subdivisions of States, that have provided 

7 information under subsection (d)(1) in the preceding 

8 year. 

9 (4) REIMBURSEMENT.—The Secretary of 

10 Homeland Security shall reimburse States, and po11 litical subdivisions of a State, for all reasonable 

12 costs, as determined by the Secretary, incurred by 

13 the State, or the political subdivision of a State, as 

14 a result of providing information under subsection 

15 (d)(1). 

16 (5) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated to the Sec18 retary $200,000,000 to remain available until ex19 pended to carry out this section. 

20 (6) CONSTRUCTION.—Nothing in this section 

21 shall require law enforcement officials of a State, or 

22 of a political subdivision of a State, to provide the 

23 Secretary of Homeland Security with information re24 lated to a victim of a crime or witness to a criminal 

25 offense. 


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1 (e) FINANCIAL ASSISTANCE TO STATE AND LOCAL

2 POLICE AGENCIES THAT ASSIST IN THE ENFORCEMENT

3 OF IMMIGRATION LAWS.— 

4 (1) GRANTS FOR SPECIAL EQUIPMENT FOR

5 HOUSING AND PROCESSING CERTAIN ALIENS.—From 

6 amounts made available to make grants under this 

7 section, the Secretary of Homeland Security shall 

8 make grants to States, and to political subdivisions 

9 of States, for procurement of equipment, technology, 

10 facilities, and other products that facilitate and are 

11 directly related to investigating, apprehending, ar12 resting, detaining, or transporting aliens who have 

13 violated the immigration laws of the United States, 

14 including additional administrative costs incurred 

15 under this Act. 

16 (2) ELIGIBILITY.—To be eligible to receive a 

17 grant under this section, a State, or a political sub18 division of a State, must have the authority to, and 

19 shall have a written policy and a practice to, assist 

20 in the enforcement of the immigration laws of the 

21 United States in the course of carrying out the rou22 tine law enforcement duties of such State or political 

23 subdivision of a State. Entities covered under this 

24 section may not have any policy or practice that preVerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883

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1 vents local law enforcement from inquiring about a 

2 suspect’s immigration status. 

3 (3) FUNDING.—There are authorized to be ap4 propriated to the Secretary for grants under this 

5 section $200,000,000 for fiscal year 2021 and each 

6 subsequent fiscal year. 

7 (4) GAO AUDIT.—Not later than three years 

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

9 Comptroller General of the United States shall con10 duct an audit of funds distributed to States, and to 

11 political subdivisions of a State, under subsection 

12 (e)(1). 

13 (f) FEDERAL CUSTODY OF ALIENS UNLAWFULLY

14 PRESENT IN THE UNITED STATES APPREHENDED BY

15 STATE OR LOCAL LAW ENFORCEMENT.— 

16 (1) STATE APPREHENSION.— 

17 (A) IN GENERAL.—Title II of the Immi18 gration and Nationality Act (8 U.S.C. 1151 et 

19 seq.) is amended by inserting after section 

20 240C the following: 

21 ‘‘CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE

22 UNITED STATES

23 ‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE

24 AND LOCAL OFFICIALS.—If a State, or a political subdivi25 sion of the State, exercising authority with respect to the 

26 apprehension or arrest of an alien who is unlawfully 


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1 present in the United States submits to the Secretary of 

2 Homeland Security a request that the alien be taken into 

3 Federal custody, the Secretary— 

4 ‘‘(1) not later than 48 hours after the conclu5 sion of the State, or the political subdivision of a 

6 State, charging process or dismissal process, or if no 

7 State or political subdivision charging or dismissal 

8 process is required, not later than 48 hours after the 

9 alien is apprehended, shall take the alien into the 

10 custody of the Federal Government and incarcerate 

11 the alien; or 

12 ‘‘(2) shall request that the relevant State or 

13 local law enforcement agency temporarily incarcerate 

14 or transport the alien for transfer to Federal cus15 tody. 

16 ‘‘(b) POLICY ON DETENTION IN STATE AND LOCAL

17 DETENTION FACILITIES.—In carrying out section 

18 241(g)(1), the Attorney General or the Secretary of 

19 Homeland Security shall ensure that an alien arrested 

20 under this Act shall be detained, pending the alien’s being 

21 taken for the examination under this section, in a State 

22 or local prison, jail, detention center, or other comparable 

23 facility. Notwithstanding any other provision of law or reg24 ulation, such facility is adequate for detention, if— 


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1 ‘‘(1) such a facility is the most suitably located 

2 Federal, State, or local facility available for such 

3 purpose under the circumstances; 

4 ‘‘(2) an appropriate arrangement for such use 

5 of the facility can be made; and 

6 ‘‘(3) such facility satisfies the standards for the 

7 housing, care, and security of persons held in cus8 tody of a United States marshal. 

9 ‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 

10 Security shall reimburse States, and political subdivisions 

11 of a State, for all reasonable expenses, as determined by 

12 the Secretary, incurred by the State, or political subdivi13 sion, as a result of the incarceration and transportation 

14 of an alien who is unlawfully present in the United States 

15 as described in subparagraphs (A) and (B) of subsection 

16 (a)(1). Compensation provided for costs incurred under 

17 such subparagraphs shall be the average cost of incarcer18 ation of a prisoner in the relevant State, as determined 

19 by the chief executive officer of a State, or of a political 

20 subdivision of a State, plus the cost of transporting the 

21 alien from the point of apprehension to the place of deten22 tion, and to the custody transfer point if the place of de23 tention and place of custody are different. 

24 ‘‘(d) SECURE FACILITIES.—The Secretary of Home25 land Security shall ensure that aliens incarcerated in FedVerDate Sep 11 2014 01:14 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1883.IH H1883

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1 eral facilities pursuant to this Act are held in facilities 

2 that provide an appropriate level of security. 

3 ‘‘(e) TRANSFER.— 

4 ‘‘(1) IN GENERAL.—In carrying out this sec5 tion, the Secretary of Homeland Security shall es6 tablish a regular circuit and schedule for the prompt 

7 transfer of apprehended aliens from the custody of 

8 States, and political subdivisions of a State, to Fed9 eral custody. 

10 ‘‘(2) CONTRACTS.—The Secretary may enter 

11 into contracts, including appropriate private con12 tracts, to implement this subsection. 

13 ‘‘(f) DEFINITION.—For purposes of this section, the 

14 term ‘alien who is unlawfully present in the United States’ 

15 means an alien who— 

16 ‘‘(1) entered the United States without inspec17 tion or at any time, manner or place other than that 

18 designated by the Secretary of Homeland Security; 

19 ‘‘(2) was admitted as a nonimmigrant and who, 

20 at the time the alien was taken into custody by the 

21 State, or a political subdivision of the State, had 

22 failed to— 

23 ‘‘(A) maintain the nonimmigrant status in 

24 which the alien was admitted or to which it was 

25 changed under section 248; or 


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1 ‘‘(B) comply with the conditions of any 

2 such status; 

3 ‘‘(3) was admitted as an immigrant and has 

4 subsequently failed to comply with the requirements 

5 of that status; or 

6 ‘‘(4) failed to depart the United States under a 

7 voluntary departure agreement or under a final 

8 order of removal.’’. 

9 (B) CLERICAL AMENDMENT.—The table of 

10 contents of such Act is amended by inserting 

11 after the item relating to section 240C the fol12 lowing new item: 

13 ‘‘SEC. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT 

14 IN THE UNITED STATES.’’. 

15 (2) GAO AUDIT.—Not later than three years 

16 after the date of the enactment of this Act, the 

17 Comptroller General of the United States shall con18 duct an audit of compensation to States, and to po19 litical subdivisions of a State, for the incarceration 

20 of aliens unlawfully present in the United States 

21 under section 240D(a) of the Immigration and Na22 tionality Act (as added by subsection (a)(1)). 

23 (g) IMMUNITY.— 

24 (1) PERSONAL IMMUNITY.—Notwithstanding 

25 any other provision of law, a law enforcement officer 


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1 of a State or local law enforcement agency who is 

2 acting within the scope of the officer’s official duties 

3 shall be immune, to the same extent as a Federal 

4 law enforcement officer, from personal liability aris5 ing out of the performance of any duty described in 

6 this Act. 

7 (2) AGENCY IMMUNITY.—Notwithstanding any 

8 other provision of law, a State or local law enforce9 ment agency shall be immune from any claim for 

10 money damages based on Federal, State, or local 

11 civil rights law for an incident arising out of the en12 forcement of any immigration law, except to the ex13 tent a law enforcement officer of such agency com14 mitted a violation of Federal, State, or local criminal 

15 law in the course of enforcing such immigration law. 

16 (h) INSTITUTIONAL REMOVAL PROGRAM.— 

17 (1) CONTINUATION AND EXPANSION.— 

18 (A) IN GENERAL.—The Secretary of 

19 Homeland Security shall continue to operate 

20 and implement the program known as the Insti21 tutional Removal Program (IRP) which— 

22 (i) identifies removable criminal aliens 

23 in Federal and State correctional facilities; 

24 (ii) ensures such aliens are not re25 leased into the community; and 


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1 (iii) removes such aliens from the 

2 United States after the completion of their 

3 sentences. 

4 (B) EXPANSION.—The Institutional Re5 moval Program shall be extended to all States. 

6 Any State that receives Federal funds for the 

7 incarceration of criminal aliens shall— 

8 (i) cooperate with officials of the In9 stitutional Removal Program; 

10 (ii) expeditiously and systematically 

11 identify criminal aliens in its prison and 

12 jail populations; and 

13 (iii) promptly convey such information 

14 to officials of such Program as a condition 

15 of receiving such funds. 

16 (2) AUTHORIZATION FOR DETENTION AFTER

17 COMPLETION OF STATE OR LOCAL PRISON SEN18 TENCE.—Law enforcement officers of a State, or of 

19 a political subdivision of a State, are authorized to— 

20 (A) hold a criminal alien for a period of up 

21 to 14 days after the alien has completed the 

22 alien’s State prison sentence in order to effec23 tuate the transfer of the alien to Federal cus24 tody when the alien is removable or not lawfully 

25 present in the United States; or 


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1 (B) issue a detainer that would allow 

2 aliens who have served a State prison sentence 

3 to be detained by the State prison until per4 sonnel from United States Immigration and 

5 Customs Enforcement can take the alien into 

6 custody. 

7 SEC. 10. BUILD THE WALL. 

8 (a) ESTABLISHMENT OF FUND.—At the end of sub9 chapter III of chapter 33 of title 31, United States Code, 

10 insert the following: 

11 ‘‘SEC. 3344. SECURE THE SOUTHERN BORDER FUND. 

12 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

13 date of enactment of this section, the Secretary of the 

14 Treasury shall establish an account in the Treasury of the 

15 United States, to be known as the ‘Secure the Southern 

16 Border Fund’, into which funds shall be deposited in ac17 cordance with subsections (c) and (d) below. 

18 ‘‘(b) APPROPRIATION.—Funds deposited in the Se19 cure the Southern Border Fund shall be available until 

20 expended. Such funds are authorized to be appropriated, 

21 and are appropriated, to the Secretary of Homeland Secu22 rity only— 

23 ‘‘(1) to plan, design, construct, or maintain a 

24 barrier along the international border between the 

25 United States and Mexico; and 


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1 ‘‘(2) to purchase and maintain necessary vehi2 cles and equipment for U.S. Border Patrol agents. 

3 ‘‘(c) LIMITATION.—Not more than 5 percent of the 

4 funds deposited in the Secure the Southern Border Fund 

5 may be used for the purpose described in subsection 

6 (b)(2). 

7 ‘‘(d) INITIAL AUTHORIZATION OF APPROPRIATION.— 

8 There is authorized to be appropriated $22,000,000,000 

9 to the Secure the Southern Border Fund, to remain avail10 able until expended.’’. 

11 (b) CONSTRUCTION OF BORDER WALL.— 

12 (1) IMPROVEMENT OF BARRIERS AT BORDER.— 

13 Section 102 of the Illegal Immigration Reform and 

14 Immigrant Responsibility Act of 1996 (Division C of 

15 Public Law 104–208; 8 U.S.C. 1103 note) is amend16 ed— 

17 (A) by amending subsection (a) to read as 

18 follows: 

19 ‘‘(a) IN GENERAL.—Not later than December 31, 

20 2021, the Secretary of Homeland Security shall take such 

21 actions as may be necessary (including the removal of ob22 stacles to detection of illegal entrants) to design, test, con23 struct, and install physical barriers, roads, and technology 

24 along the international land border between the United 


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1 States and Mexico to prevent illegal crossings in all 

2 areas.’’; 

3 (B) in subsection (b)— 

4 (i) in paragraph (1)— 

5 (I) in the paragraph heading, by 

6 striking ‘‘ADDITIONAL FENCING’’ and 

7 inserting ‘‘FENCING’’; 

8 (II) by striking subparagraph (A) 

9 and inserting the following: 

10 ‘‘(A) PHYSICAL BARRIERS.—In carrying 

11 out subsection (a), the Secretary of Homeland 

12 Security shall construct physical barriers, in13 cluding secondary barriers in locations where 

14 there is already a fence, along the international 

15 land border between the United States and 

16 Mexico that will prevent illegal entry and will 

17 assist in gaining operational control of the bor18 der (as defined in section 2(b) of the Secure 

19 Fence Act of 2006 (8 U.S.C. 1701 note; Public 

20 Law 109–367)).’’; 

21 (III) by striking subparagraph 

22 (B) and redesignating subparagraphs 

23 (C) and (D) as subparagraphs (B) 

24 and (C), respectively; 


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1 (IV) in subparagraph (B), as so 

2 redesignated— 

3 (aa) by striking clause (i) 

4 and inserting the following: 

5 ‘‘(i) IN GENERAL.—In carrying out 

6 this section, the Secretary of Homeland 

7 Security shall, before constructing physical 

8 barriers in a specific area or region, con9 sult with the Secretary of the Interior, the 

10 Secretary of Agriculture, appropriate Fed11 eral, State, local, and tribal governments, 

12 and appropriate private property owners in 

13 the United States to minimize the impact 

14 on the environment, culture, commerce, 

15 and quality of life for the communities and 

16 residents located near the sites at which 

17 such physical barriers are to be con18 structed. Nothing in this paragraph should 

19 be construed to limit the Secretary of 

20 Homeland Security’s authority to move 

21 forward with construction after consulta22 tion.’’; 

23 (bb) by redesignating clause 

24 (ii) as clause (iii); and 


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1 (cc) by inserting after clause 

2 (i), as amended, the following 

3 new clause: 

4 ‘‘(ii) NOTIFICATION.—Not later than 

5 60 days after the consultation required 

6 under clause (i), the Secretary of Home7 land Security shall notify the Committees 

8 on the Judiciary of the House of Rep9 resentatives and of the Senate, the Com10 mittee on Homeland Security of the House 

11 of Representatives, and the Committee on 

12 Homeland Security and Governmental Af13 fairs of the Senate of the type of physical 

14 barriers, tactical infrastructure, or tech15 nology the Secretary has determined is 

16 most practical and effective to achieve situ17 ational awareness and operational control 

18 in a specific area or region and the other 

19 alternatives the Secretary considered be20 fore making such a determination.’’; and 

21 (V) by striking subparagraph 

22 (C), as so redesignated, and inserting 

23 the following: 

24 ‘‘(C) LIMITATION ON REQUIREMENTS.— 

25 Notwithstanding subparagraph (A), nothing in 


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1 this paragraph shall require the Secretary of 

2 Homeland Security to install fencing, physical 

3 barriers, or roads, in a particular location along 

4 the international border between the United 

5 States and Mexico, if the Secretary determines 

6 that there is a pre-existing geographical barrier 

7 or pre-constructed, impenetrable wall. The Sec8 retary must notify the House and Senate Com9 mittees on the Judiciary, the House Committee 

10 on Homeland Security, and the Senate Com11 mittee on Homeland Security and Govern12 mental Affairs of any decision not to install 

13 fencing in accordance with this provision within 

14 30 days of a determination being made.’’; 

15 (C) in paragraph (2)— 

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

17 and inserting ‘‘Secretary of Homeland Se18 curity’’; and 

19 (ii) by striking ‘‘fences’’ and inserting 

20 ‘‘physical barriers and roads’’; 

21 (D) in paragraph (3)— 

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

23 and inserting ‘‘Secretary of Homeland Se24 curity’’; and 


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1 (ii) by striking ‘‘additional fencing’’ 

2 and inserting ‘‘physical barriers and 

3 roads’’; and 

4 (E) in subsection (c), by amending para5 graph (1) to read as follows: 

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

7 provision of law, the Secretary of Homeland Security 

8 shall have the authority to waive all legal require9 ments the Secretary, in the Secretary’s sole discre10 tion, determines necessary to ensure the expeditious 

11 design, testing, construction, installation, deploy12 ment, operation, and maintenance of physical bar13 riers, roads, and technology under this section. Any 

14 such decision by the Secretary shall be effective 

15 upon publication in the Federal Register.’’. 

16 (c) ACHIEVING OPERATIONAL CONTROL ON THE

17 BORDER.—Subsection (a) of section 2 the Secure Fence 

18 Act of 2006 (8 U.S.C. 1701 note) is amended, in the mat19 ter preceding paragraph (1), by striking ‘‘18 months after 

20 the date of the enactment of this Act’’ and inserting ‘‘De21 cember 31, 2021’’. 

22 (d) IN GENERAL.—The Southern border barrier 

23 (‘‘wall’’) shall be referred to as the ‘‘President Donald J. 

24 Trump Wall.’’ 


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1 SEC. 11. RE-ASSERTING ZERO-TOLERANCE IMMIGRATION 

2 POLICY. 

3 (a) IN GENERAL.—Notwithstanding any executive 

4 action to the contrary, the following executive declarations 

5 and orders shall be the policy of the United States and 

6 have the force of law upon the enactment date of this Act: 

7 (1) Executive Order 13767. 

8 (2) Executive Order 13768. 

9 (3) Executive Order 13780. 

10 (4) Executive Order 13788. 

11 (5) Executive Order 13802. 

12 (6) Presidential Memorandum, Issued April 6, 

13 2018, ending ‘‘Catch-and-Release’’. 

14 (7) Department of Justice Zero-Tolerance Pol15 icy, Adopted April 6, 2018. 

16 (8) Department of Homeland Security Migrant 

17 Protection Protocols, Issued January 24, 2019. 

18 (9) Proclamation 9844, February 15, 2019. 

19 (10) Executive Order 13888. 

20 (11) Orders from the Centers for Disease Con21 trol, issued October 10, 2020. 

22 SEC. 12. REPEAL OF CERTAIN EXECUTIVE ORDERS SIGNED 

23 AFTER JANUARY 19, 2021. 

24 (a) IN GENERAL.—Notwithstanding any executive 

25 action to the contrary, the following executive declara26 tions, proclamations, and orders are hereby null and void: 


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1 (1) Proclamation 10141. 

2 (2) Proclamation 10142. 

3 (3) Executive Order 13993. 

4 (4) Memorandum from Acting Secretary of the 

5 Department of Homeland Security, issued January 

6 20, 2021. 

7 (5) Memorandum on Deferred Action for Child8 hood Arrivals (DACA) issued January 20, 2021. 

9 (6) Executive Order 14010. 

10 (7) Executive Order 14011. 

11 (8) Executive Order 14012. 

12 (9) Executive Order on Promoting Access to 

13 Voting, issued March 7, 2021. 

14 SEC. 13. RESCINDING DEFERRED ACTION FOR CHILDHOOD 

15 ARRIVALS (DACA) AND DEFERRED ACTION 

16 FOR PARENTAL ACCOUNTABILITY (DAPA). 

17 (a) IN GENERAL.—The following executive memo18 randa are hereby rescinded: 

19 (1) Memorandum from the Department of 

20 Homeland Security entitled ‘‘Exercising Prosecu21 torial Discretion with Respect to Individuals Who 

22 Came to the United States as Children’’, issued 

23 June 15, 2012. 

24 (2) Memorandum from the Department of 

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1 torial Discretion with Respect to Individuals Who 

2 Came to the United States as Children and with Re3 spect to Certain Individuals Who Are the Parents of 

4 U.S. Citizens or Permanent Residents’’, issued No5 vember 20, 2014. 

6 SEC. 14. PROHIBITION OF FINANCIAL AID TO MEXICO, CEN7 TRAL AMERICAN, AND SOUTH AMERICAN 

8 COUNTRIES. 

9 (a) IN GENERAL.—Prohibition of Federal Disburse10 ment of Funds to Certain Countries Whose Citizens Are 

11 Detained and Deported as Inadmissible Aliens under this 

12 Act: 

13 (1) None of the funds authorized to be appro14 priated in fiscal year 2021 or any fiscal year there15 after shall be disbursed to Mexico, or any Central 

16 American or South American country, or political 

17 subdivision thereof, or any public or private organi18 zation, or person therein residing, or business there19 in incorporated, whose citizens—either naturalized 

20 or conferred—are detained and removed as ‘‘inad21 missible aliens’’ under Sections 5, 6, or 7 of this Act 

22 following the enactment of this Act. 

Æ 


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