I 

118TH CONGRESS 

1ST SESSION H. R. 6535 

To provide for an emergency response by the Department of Homeland 

Security to migration surges, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 30, 2023 

Ms. SLOTKIN introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on 

Ways and Means, Transportation and Infrastructure, and the Judiciary, 

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 provide for an emergency response by the Department 

of Homeland Security to migration surges, 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 ‘‘Emergency Migration 

5 Response Act of 2023’’. 

6 SEC. 2. EMERGENCY RESPONSE TO MIGRATION SURGES. 

7 (a) AUTHORITY TO DECLARE AN EXTRAORDINARY

8 MIGRATION EVENT.— 


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1 (1) IN GENERAL.—The President, at the re2 quest of the Secretary of Homeland Security or a 

3 State or local government entity, may declare an 

4 ‘‘extraordinary migration event’’ that is of such a 

5 magnitude that an appropriate, timely, or effective 

6 response is beyond the scope of the existing infra7 structure and staffing levels of the Department of 

8 Homeland Security or State or local governmental 

9 resources. The Secretary, in consultation with the 

10 heads of relevant Federal, State, and local agencies, 

11 should establish quantitative and qualitative param12 eters described in paragraph (2) to determine if an 

13 event is an extraordinary migration event and when 

14 such a declaration of such an event should termi15 nate. 

16 (2) PARAMETERS DESCRIBED.—Quantitative 

17 and qualitative parameters described in this para18 graph may include the following: 

19 (A) The average number of border appre20 hensions per week by U.S. Customs and Border 

21 Protection compared to historical data. 

22 (B) Staffing and resources available to the 

23 U.S. Border Patrol operating in sectors affected 

24 by a migrant surge. 

25 (C) Migrant population composition. 


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1 (D) Projected or assessed changes in any 

2 of the parameters described in this paragraph. 

3 (3) REVIEW AND REVISION.—The Secretary of 

4 Homeland Security, in consultation with the heads 

5 of relevant Federal, State, and local agencies, 

6 should, not less frequently than annually, review 

7 and, if appropriate, revise the quantitative and qual8 itative parameters described in paragraph (2). 

9 (4) NOTIFICATION.—If a quantitative or quali10 tative parameter described in paragraph (2) is re11 vised pursuant to paragraph (3), the Secretary of 

12 Homeland Security shall, not later than 30 days 

13 after each such revision notify the Committee on 

14 Homeland Security of the House of Representatives 

15 and the Committee on Homeland Security and Gov16 ernmental Affairs of the Senate of each such revi17 sion. 

18 (b) APPOINTMENT OF A FEDERAL COORDINATING

19 OFFICER.— 

20 (1) IN GENERAL.—Upon the declaration of an 

21 extraordinary migration event by the President, the 

22 President shall appoint an official of the Department 

23 of Homeland Security to serve as the Federal coordi24 nating officer. Such officer shall report to the Sec25 retary of Homeland Security and shall— 


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1 (A) conduct an appraisal of the types of 

2 resources, including relating to transportation, 

3 facilities, personnel, health, and intelligence, 

4 necessary to respond to such an event; 

5 (B) coordinate— 

6 (i) the administration of assistance 

7 and support offered to the Department by 

8 other Federal departments and agencies in 

9 response to such an event; 

10 (ii) activities of State and local gov11 ernments when requested by such govern12 ments in response to such an event; and 

13 (iii) activities of nongovernmental or14 ganizations providing relief and assistance 

15 operating in the area of such event and 

16 providing services to migrants in response 

17 to such event when requested by such or18 ganizations; and 

19 (C) advise the Secretary and the President 

20 regarding appropriate timing relating to the 

21 termination of such an event. 

22 (2) RULE OF CONSTRUCTION.—Nothing in 

23 paragraph (1) may be construed as prohibiting the 

24 senior coordinating official of the Southwest Border 

25 Coordination Center of the Department of HomeVerDate Sep 11 2014 07:26 Dec 07, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6535.IH H6535

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1 land Security from serving as the Federal coordi2 nating officer appointed pursuant to such paragraph 

3 if the President determines such is appropriate. 

4 (c) SOUTHWEST BORDER COORDINATION CENTER.— 

5 (1) IN GENERAL.—The Secretary of Homeland 

6 Security may utilize the capabilities of the South7 west Border Coordination Center of the Department 

8 of Homeland Security (SBCC) in response to the 

9 declaration of an extraordinary migration event by 

10 the President. The Center may be staffed by officers 

11 and officials of the Department, including U.S. Cus12 toms and Border Protection, the Federal Emergency 

13 Management Agency, U.S. Immigration and Cus14 toms Enforcement (ICE), and United States Citizen15 ship and Immigration Services (USCIS), as well as 

16 officers and officials of relevant Federal departments 

17 and agencies, including the Department of Justice, 

18 the Department of Health and Human Services, and 

19 the Department of Defense. 

20 (2) LEAD FIELD COORDINATORS.—Subject to 

21 the direction of the Federal coordinating officer 

22 under subsection (b), the senior coordinating official 

23 of the Southwest Border Coordination Center may 

24 establish lead field coordinators in response to the 


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1 declaration of an extraordinary migration event by 

2 the President. 

3 (3) INCIDENT MANAGEMENT ASSISTANCE

4 TEAMS.—Subject to the direction of the Federal co5 ordinating officer under subsection (b), the senior 

6 coordinating official of the Southwest Border Co7 ordination Center may establish incident manage8 ment assistance teams to support the Center and 

9 lead field coordinators under paragraph (2). 

10 (4) INCIDENT ACTION PLANNING PROCESS.—In 

11 responding to the declaration of an extraordinary 

12 migration event by the President, the Southwest 

13 Border Coordination Center shall use an Incident 

14 Action Planning Process to address emerging re15 source requirements related to such event. 

16 (d) FORMATION OF MIGRATION RESPONSE TEAMS.— 

17 Upon the declaration of an extraordinary migration event 

18 by the President, the Federal coordinating officer ap19 pointed pursuant to subsection (b) shall establish migra20 tion response teams to be deployed to assist the Southwest 

21 Border Coordination Cell under subsection (c), including 

22 relating to the following: 

23 (1) Coordinating the construction of specialized 

24 migration processing facilities with staff from other 

25 Federal departments and agencies, State and local 


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1 governments, and nongovernmental organizations to 

2 assist with the humanitarian needs of arriving mi3 grants. 

4 (2) Working with U.S. Customs and Border 

5 Protection, the Federal Emergency Management 

6 Agency, the Department of Health and Human 

7 Services, and other appropriate organizations to es8 tablish temporary holding facilities for migrants. 

9 (3) Coordinating with the National Disaster 

10 Medical System of the Department of Health and 

11 Human Services, and, as appropriate, FEMA Corps, 

12 the private sector, and the National Guard, to en13 sure such facilities are staffed with health profes14 sionals who are able to provide medical and mental 

15 health assistance and other humanitarian support to 

16 such migrants. 

17 (e) FORMATION OF PROCESSING TEAMS.—Upon dec18 laration of an extraordinary migration event by the Presi19 dent, the Secretary of Homeland Security may take such 

20 actions as may be necessary to process in a timely manner 

21 individuals arriving at the border, including by— 

22 (1) reassigning United States Citizenship and 

23 Immigration Services asylum officers and inter24 preters to U.S. Customs and Border Protection bor25 der facilities; and 


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1 (2) surging resources to process migrants in 

2 their countries of origin. 

3 (f) ARRANGEMENTS WITH RELIEF AND ASSISTANCE

4 ORGANIZATIONS.—Upon declaration of an extraordinary 

5 migration event by the President, the Secretary of Home6 land Security, the Federal coordinating officer under sub7 section (b), and their designees may enter into arrange8 ments with nongovernmental organizations providing relief 

9 and assistance operating in the area of such event to uti10 lize the personnel and facilities of such organizations to 

11 provide essential services, including housing, temporary 

12 shelter, medical, legal, or other essential services, to mi13 grants. Any such arrangements shall include provisions as14 suring that use of Federal facilities, supplies, and services 

15 adhere to regulations prohibiting duplication of benefits 

16 and guaranteeing nondiscrimination. 

17 (g) FUNDING.—There is established an Emergency 

18 Migration Response Fund. There is authorized to be ap19 propriated to the Fund for fiscal 2024 up to 

20 $1,500,000,000 to be made available to carry out this Act 

21 in the event of a declaration of an extraordinary migration 

22 event by the President, including— 

23 (1) $1,060,000,000 for U.S. Customs and Bor24 der Protection soft-sided facilities, medical care, 

25 transportation, and personnel costs; 


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1 (2) $150,000,000 for the Federal Emergency 

2 Management Agency’s Emergency Food and Shelter 

3 Program; 

4 (3) $50,000,000 for United States Citizenship 

5 and Immigration Services personnel costs; and 

6 (4) $50,000,000 for Federal Emergency Man7 agement Agency for grants to supporting relief orga8 nizations. 

9 (h) NOTIFICATION TO CONGRESS.—Not later than 30 

10 days after the President declares an extraordinary migra11 tion event, the President shall transmit to Congress a noti12 fication relating thereto. Such notification shall include in13 formation describing the actions taken pursuant to this 

14 Act in response to such an event, including information 

15 relating to funding, personnel, and resources. 

Æ 


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