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; table of contents (a) Short title This Act may be cited as the Solving the Border Crisis Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Definitions. Sec. 5. Termination of suspension of entries and imports from designated places related to the COVID–19 pandemic. Sec. 6. Resumption of border wall system construction. Sec. 7. Congressional resolution of disapproval regarding termination of the exclusive authority of immigration judges over asylum claims. Sec. 8. Treatment of aliens arriving from contiguous territory. Sec. 9. Minimum staffing levels. Sec. 10. Mandatory detention funding. Sec. 11. Report requirement. 2. Findings Congress finds the following: (1) The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency. (2) The southern border is a major entry point for criminals, gang members, and illicit narcotics. (3) Recent years have seen sharp increases in the number of family units entering and seeking entry to the United States. (4) If not detained, such aliens are often released into the country and are often difficult to remove from the United States because they fail to appear for hearings, do not comply with orders of removal, or are otherwise difficult to locate. 3. Sense of Congress It is the sense of Congress that the President should use the authorities granted under sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1621 and 1631) to declare that a national emergency exists at the southern border of the United States. 4. 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 the Judiciary of the Senate (C) the Committee on Appropriations of the Senate (D) the Committee on Homeland Security of the House of Representatives (E) the Committee on the Judiciary of the House of Representatives (F) the Committee on Appropriations of the House of Representatives (2) Tactical infrastructure The term tactical infrastructure (3) Technology The term technology 5. 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 Secretary of Homeland Security, in consultation with the Surgeon General 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 Secretary or his or her designee), shall develop and submit a plan to the appropriate committees of Congress that addresses 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. 6. 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 7. Congressional resolution of disapproval regarding termination of the exclusive authority of immigration judges over asylum claims Congress disapproves the interim final 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 8. 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. . 9. 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 is not fewer than 25,000 agents, excluding Border Patrol Reserve Agents and Border Patrol Processing Coordinators. (c) Office of Field Operations The Secretary of Homeland Security shall ensure that the authorized personnel level for U.S. Customs and Border Protection officers in the Office of Field Operations is not fewer than 25,000 officers, excluding Agriculture Specialists. 10. 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 . 11. Report requirement Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees that outlines how the Department of Homeland Security is attempting to mitigate border encounters.

Summary: Solving the Border Crisis Act This bill addresses immigration and border security issues, including by restarting construction of a border wall. The Department of Homeland Security (DHS) must 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. Furthermore, this bill imposes limits on terminating the entry suspension policy known as Title 42. (Generally, Title 42 authorizes DHS to suspend the entry of certain non-U.S. nationals or imports on public health grounds. During the COVID-19 public health emergency, DHS used Title 42 to expel certain undocumented migrants without an opportunity to seek asylum.) Under this bill, the COVID-19 Title 42 policy may not be terminated until at least 120 days after the Surgeon General notifies Congress that the COVID-19 emergency declaration has been terminated. The bill also nullifies an interim final rule that authorizes asylum officers to determine whether non-U.S. nationals encountered at the border have a credible fear of persecution for asylum purposes. Furthermore, for an individual arriving by land from a neighboring country and not clearly admissible into the United States, DHS may send that individual to a safe third country. DHS must ensure certain staffing levels for various agencies involved with immigration enforcement, including the U.S. Border Patrol. The bill also (1) authorizes DHS to use certain mandatory fees for expenses related to detaining non-U.S. nationals, and (2) requires DHS to ensure that there is enough detention capacity to comply with mandatory detention requirements.