I 

113TH CONGRESS 

1ST SESSION H. R. 3611 

To require the Secretary of Homeland Security to submit to Congress an 

annual report on immigration policy directives issued by the Department 

of Homeland Security, to ensure that each such policy directive is subject 

to the rule making process described in section 553 of title 5, United 

States Code, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2013 

Mr. PERRY (for himself, Mr. BARLETTA, Mrs. BACHMANN, Mr. SMITH of 

Texas, Mr. STEWART, Mr. COTTON, and Mr. GINGREY of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To require the Secretary of Homeland Security to submit 

to Congress an annual report on immigration policy directives issued by the Department of Homeland Security, 

to ensure that each such policy directive is subject to 

the rule making process described in section 553 of title 

5, United States Code, 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. 

4 This Act may be cited as the ‘‘DHS Immigration Ac5 countability and Transparency Act of 2013’’. 


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1 SEC. 2. TRANSPARENCY REQUIREMENT FOR IMMIGRATION 

2 POLICY DIRECTIVES. 

3 (a) REPORTING REQUIREMENT.—The Secretary of 

4 Homeland Security shall submit to the Committee on 

5 Homeland Security and Governmental Affairs of the Sen6 ate and the Committee on Homeland Security of the 

7 House of Representatives an annual report on immigra8 tion policy directives. 

9 (b) MATTERS COVERED.—The report required by 

10 subsection (a) shall include, at a minimum— 

11 (1) statistics on the removal of aliens from the 

12 United States during the 10-year period preceding 

13 the date of submission of the report, including the 

14 number of aliens placed in removal proceedings but 

15 not removed; 

16 (2) statistics and a cost-benefit analysis regard17 ing the use of Federal funds to implement each im18 migration policy directive issued by the Department 

19 of Homeland Security during the period beginning 

20 on January 20, 2009, and ending on the date of 

21 submission of the report; 

22 (3) the number of aliens unlawfully present or 

23 without lawful status in the United States with an 

24 immigration status that was modified or otherwise 

25 adjusted as a result of each such policy directive, inVerDate Mar 15 2010 18:34 Nov 26, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3611.IH H3611

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1 cluding an identification of the new status assigned 

2 to each such alien; 

3 (4) the number of aliens unlawfully present or 

4 without lawful status in the United States who ap5 plied for and were denied relief as a result of each 

6 such policy directive, and the percentage of such 

7 aliens against whom removal proceedings were initi8 ated; 

9 (5) for each alien denied relief under paragraph 

10 (4) against whom removal proceedings were not ini11 tiated, an explanation of why such action was not 

12 taken and a listing of the final determination made 

13 in such alien’s case, if any; 

14 (6) the number of cases in the Executive Office 

15 for Immigration Review of the Department of Jus16 tice that were administratively closed as a result of 

17 each such policy directive and an identification of 

18 the new status or statuses assigned to the aliens in 

19 such cases; 

20 (7) statistics on aliens unlawfully present or 

21 without lawful status in the United States released 

22 from prisons or administrative detention centers 

23 since January 20, 2009, including— 

24 (A) the number of such aliens convicted or 

25 formally accused of a violent crime; and 


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1 (B) the number of such aliens released in 

2 each State; and 

3 (8) detailed information on the methods used to 

4 compile and calculate the information described in 

5 paragraphs (1), (2), (3), (4), (5), (6), and (7). 

6 (c) PUBLIC AVAILABILITY.—The report required by 

7 subsection (a) shall be made publicly available. 

8 (d) REPORTING DEADLINE.—The Secretary shall 

9 submit the first report required by subsection (a) not later 

10 than 90 days after the date of the enactment of this Act. 

11 (e) REMOVAL OF ALIENS FROM THE UNITED

12 STATES.—In this Act, the term ‘‘removal of aliens from 

13 the United States’’ does not include individuals who are 

14 denied admission upon being inspected by an immigration 

15 officer at the border of the United States. 

16 SEC. 3. ACCOUNTABILITY REQUIREMENTS FOR IMMIGRA17 TION POLICY DIRECTIVES. 

18 (a) TREATMENT OF AN IMMIGRATION POLICY DIREC19 TIVE AS A RULE.—For purposes of chapters 5, 6, 7, and 

20 8 of title 5, United States Code, an immigration policy 

21 directive shall be treated as a rule. 

22 (b) NOTICE REQUIREMENT.—In publishing a general 

23 notice of proposed rule making as required under section 

24 553 of title 5, United States Code, for an immigration 


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1 policy directive, the Secretary of Homeland Security shall 

2 include a report that— 

3 (1) describes with reasonable detail the actions 

4 the Department of Homeland Security plans to take 

5 to implement and enforce the policy directive; 

6 (2) indicates whether the policy directive states 

7 a new or changed policy regarding the enforcement 

8 of any Federal law, and if so, provides a citation to 

9 such law; and 

10 (3) estimates the number of aliens present in 

11 the United States with an immigration status that 

12 will be modified as a result of the policy directive 

13 and identifies the new status or statuses to be as14 signed to such aliens. 

15 SEC. 4. DEFINITIONS. 

16 In this Act: 

17 (1) IMMIGRATION POLICY DIRECTIVE.—The 

18 term ‘‘immigration policy directive’’ means any com19 munication that is not a rule, issued by the Depart20 ment of Homeland Security or any agency or office 

21 within the Department, regarding the administration 

22 or enforcement of immigration law or policy, includ23 ing memoranda, statements, and guidance docu24 ments. 


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1 (2) RULE.—The term ‘‘rule’’ has the meaning 

2 provided in section 551 of title 5, United States 

3 Code. 

Æ 


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