II 

116TH CONGRESS 

1ST SESSION S. 108 

To provide deferred action for certain individuals brought to the United 

States and to establish a border security trust fund, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 10, 2019 

Mr. PORTMAN (for himself and Mr. MORAN) introduced the following bill; 

which was read twice and referred to the Committee on Appropriations 

A BILL 

To provide deferred action for certain individuals brought 

to the United States and to establish a border security 

trust fund, 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. DEFINITIONS. 

4 In this Act: 

5 (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

6 individual’’ means an individual who meets the eligi7 bility criteria described in section 2(b). 

8 (2) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Homeland Security. 


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1 SEC. 2. DEFERRED ACTION FOR CERTAIN CHILDHOOD AR2 RIVALS. 

3 (a) PROGRAM AUTHORIZED.—The Secretary shall es4 tablish a program through which an eligible individual 

5 may apply for deferred action status. 

6 (b) ELIGIBILITY CRITERIA.—An individual shall be 

7 eligible for deferred action status under the program es8 tablished under subsection (a) if the individual— 

9 (1) on June 15, 2012, was under the age of 31 

10 years; 

11 (2) entered the United States— 

12 (A) on a date on which the alien was under 

13 the age of 16 years; and 

14 (B) without inspection or lawful status be15 fore June 15, 2012; 

16 (3) has continuously resided in the United 

17 States since June 15, 2007; 

18 (4) was physically present in the United 

19 States— 

20 (A) on June 15, 2012; and 

21 (B) on the date on which the Secretary 

22 makes a determination with respect to the eligi23 bility of the individual for deferred action sta24 tus; 

25 (5)(A) is in school; 

26 (B) has— 


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1 (i) graduated from high school; or 

2 (ii) obtained— 

3 (I) a certificate of completion from a 

4 high school; or 

5 (II) a general education development 

6 certificate; or 

7 (C) is— 

8 (i) a member of the Armed Forces (as de9 fined in section 101(a) of title 10, United 

10 States Code), including a member of the Na11 tional Guard or Reserves; or 

12 (ii) a veteran, as defined in section 101 of 

13 title 38, United States Code, except that an in14 dividual discharged other than honorably is ex15 cluded; 

16 (6) has not been convicted of— 

17 (A) a felony; 

18 (B) a significant misdemeanor; or 

19 (C) 3 or more misdemeanor offenses; 

20 (7) does not pose a threat to national security 

21 or public safety; and 

22 (8) was granted deferred action status before 

23 the date of the enactment of this Act. 

24 (c) PERIOD OF DEFERRED ACTION STATUS.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 deferred action status granted under this section 

3 shall be valid for a period of 2 years beginning on 

4 the date on which the Secretary grants deferred ac5 tion status to the eligible individual. 

6 (2) RENEWAL.— 

7 (A) IN GENERAL.—On application to the 

8 Secretary, deferred action status granted under 

9 this section may be renewed for additional 2- 

10 year periods. 

11 (B) RENEWAL APPLICATION.—Not more 

12 than 120 days before the date on which the de13 ferred action status of an eligible individual ex14 pires, the eligible individual may submit to the 

15 Secretary an application for renewal of deferred 

16 action status. 

17 SEC. 3. BORDER SECURITY TRUST FUND. 

18 (a) ESTABLISHMENT.—There is established in the 

19 Treasury of the United States a trust fund to be known 

20 as the Border Security Trust Fund (in this section re21 ferred to as the ‘‘Trust Fund’’), consisting of amounts ap22 propriated to the Trust Fund under subsection (b) and 

23 any amounts that may be credited to the Trust Fund 

24 under subsection (c). 


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1 (b) APPROPRIATION.—There is appropriated to the 

2 Trust Fund $25,000,000,000, to remain available until 

3 expended. 

4 (c) INVESTMENT OF AMOUNTS.— 

5 (1) IN GENERAL.—The Secretary of the Treas6 ury shall invest such portion of the Trust Fund as 

7 is not required to meet current withdrawals in inter8 est-bearing obligations of the United States or in ob9 ligations guaranteed as to both principal and inter10 est by the United States. 

11 (2) INTEREST AND PROCEEDS.—The interest 

12 on, and the proceeds from the sale or redemption of, 

13 any obligations held in the Trust Fund shall be 

14 credited to and form a part of the Trust Fund. 

15 (d) AVAILABILITY OF AMOUNTS.—Amounts in the 

16 Trust Fund shall be available to the Secretary without fur17 ther appropriation, for— 

18 (1) construction of not fewer than 700 miles of 

19 reinforced fencing, excluding vehicle barriers; 

20 (2) installation of additional physical barriers; 

21 (3) construction and maintenance of access and 

22 patrol roads; 

23 (4) lighting; 

24 (5) an interlocking surveillance camera system; 

25 (6) remote sensors; and 


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1 (7) the purchase from the Secretary of Defense 

2 of surplus aircraft and unmanned aircraft systems. 

3 SEC. 4. ANNUAL REPORT ON BORDER SECURITY. 

4 Not less frequently than once each fiscal year, the 

5 Secretary shall submit annually to the Committee on 

6 Homeland Security and Governmental Affairs of the Sen7 ate and the Committee on Homeland Security of the 

8 House of Representatives a report that describes for the 

9 applicable fiscal year— 

10 (1) the status of the construction of fencing 

11 and security improvements at United States borders; 

12 and 

13 (2) the estimated number of unlawful border 

14 crossings. 

Æ 


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