Solving the Border Crisis Act

To extend title 42 expulsion authority, to resume border wall system construction, to preserve the exclusive authority of immigration judges over asylum claims, and to codify the Migrant Protection Protocols. 1. Short title This Act may be cited as the Solving the Border Crisis Act 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs of the Senate (B) the Committee on Appropriations of the Senate (C) the Committee on Homeland Security of the House of Representatives (D) the Committee on Appropriations of the House of Representatives (2) Tactical infrastructure The term tactical infrastructure (3) Technology The term technology 3. Termination of suspension of entries and imports from designated places related to the COVID–19 pandemic (a) In general An order of suspension issued under section 362 of the Public Health Service Act ( 42 U.S.C. 265 42 U.S.C. 247d (b) Procedures during 60-Day termination window (1) Plan Not later than 30 days after the date on which a written notification is provided pursuant to subsection (a) with respect to an order of suspension, the Surgeon General, in consultation with the Secretary of Homeland Security and the head of any other Federal agency, State, Tribal, or local government, or nongovernmental organization that has a role in managing outcomes associated with such suspension (as determined by the Surgeon General or his or her designee), shall develop and submit to the appropriate committees of Congress a plan to address any possible influx of entries or imports (as described in such order of suspension) related to the termination of such order. (2) Failure to submit If the plan required under paragraph (1) is not submitted to the appropriate committees of Congress before the end of the 30-day period described in such paragraph— (A) the Secretary of Homeland Security shall submit, not later than 7 days after the expiration of such 30-day period, written notification to the appropriate committees of Congress of the status of preparing such plan and the date on by such plan will be submitted in accordance with paragraph (1); and (B) the termination of the order of suspension described in subsection (a) shall be delayed until the date that is 30 days after the date on which such plan is submitted to the appropriate committees of Congress. 4. Resumption of border wall system construction (a) Border wall system construction (1) In general (A) Immediately resume border wall system construction Not later than 24 hours after the date of the enactment of this Act, the Secretary of Homeland Security shall resume all activities related to the construction of the border wall system along the international border between the United States and Mexico that were underway or being planned for before January 20, 2021. (B) No cancellations The Secretary of Homeland Security may not cancel any contract for activities related to border wall system construction described in paragraph (1) that was entered into on or before January 20, 2021. (C) Use of funds The Secretary of Homeland Security shall expend all funds appropriated or explicitly obligated for border wall system construction described in paragraph (1) that were appropriated or obligated, as the case may be, on or after October 1, 2016. (D) Implementation plan Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit an implementation plan to the appropriate congressional committees for the completion, by not later than September 30, 2024, of the border wall system construction described in paragraph (1) and funded in accordance with subparagraph (C). (2) Plan to complete tactical infrastructure and technology elements of border wall system Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit an implementation plan to the appropriate congressional committees that includes quarterly benchmarks and cost estimates for satisfying all of the requirements of the border wall system construction described in paragraph (1)(A), including tactical infrastructure, technology, and other elements identified by the Department of Homeland Security before January 20, 2021, through the expenditure of funds appropriated or explicitly obligated, as the case may be, for use beginning on October 1, 2016, and any additional funds appropriated by Congress for such purpose. (3) Uphold negotiated agreements The Secretary of Homeland Security shall ensure that all agreements relating to current and future border wall system construction that were executed in writing between the Department of Homeland Security and private citizens, State, Tribal, and local governments, and other stakeholders are honored by the Department in accordance with the terms of such agreements. (b) DNA collection consistent with Federal law Not later than 14 days after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure and certify to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives Public Law 109–162 5. Congressional resolution of disapproval regarding termination of the exclusive authority of immigration judges over asylum claims (a) In general Congress disapproves the proposed rule submitted by the Executive Office for Immigration Review and U.S. Citizenship and Immigration Services, relating to Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers (b) Jurisdiction of immigration courts Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 (e) Jurisdiction of immigration courts Immigration judges shall have— (1) exclusive jurisdiction over asylum applications filed by an alien who has been served a Form I–221 (Order to Show Cause); a Form I–122 (Notice to Applicant for Admission Detained for a Hearing before an Immigration Judge); or Form I–862 (Notice to Appear) after the charging document has been filed with the Immigration Court; and (2) the authority to review reasonable fear determinations and credible fear determinations that have been referred to the Immigration Court. . 6. Treatment of aliens arriving from contiguous territory Section 235(b)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(C) may return shall— (i) return the alien to such territory, or to a safe third country (as described in section 208), pending a proceeding under section 240; or (ii) detain the alien for further consideration of an application for asylum, which shall include a determination of credible fear of persecution. . 7. Minimum staffing levels (a) Office of Enforcement and Removal Operations The Secretary of Homeland Security shall ensure that there are always not fewer than 10,000 full-time equivalent employees in the Office of Enforcement and Removal Operations of U.S. Immigration and Customs Enforcement. (b) U.S. Border Patrol The Secretary of Homeland Security shall ensure that the authorized personnel level for United States Border Patrol agents beginning on the date of the enactment of this Act is not fewer than 25,000 agents, excluding Border Patrol Reserve Agents and Border Patrol Processing Coordinators. 8. Mandatory detention funding Section 386(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1368(a) (a) Increase in detention facilities (1) In general The Secretary of Homeland Security shall ensure that sufficient detention facilities are available for U.S. Immigration and Customs Enforcement to comply with the mandatory detention requirements under section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 (2) Funding In addition to any amounts otherwise appropriated for such purpose, the Secretary of Homeland Security may use any mandatory fees collected by the Department of Homeland Security for expenses incurred by the Secretary to inspect, detain, transport, and provide medical care and any other needed goods or services to aliens who have been detained pursuant to section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 .

Summary: Solving the Border Crisis Act This bill addresses immigration and border security issues. For example, the bill (1) requires the Department of Homeland Security (DHS) to resume all activities related to the construction of a border wall system along the U.S.-Mexico border that were planned or underway prior to January 20, 2021; (2) imposes limits on ending the policy commonly known as Title 42, a policy that authorizes DHS to suspend the entry of certain non-U.S. nationals or imports on public health grounds; and (3) requires DHS to ensure certain staffing levels for various agencies involved with immigration enforcement.