Emergency Migration Response Act of 2022

To provide for an emergency response by the Department of Homeland Security to migration surges, and for other purposes. 1. Short title This Act may be cited as the Emergency Migration Response Act of 2022 2. Emergency response to migration surges (a) Authority To declare an extraordinary migration event (1) In general The President, at the request of the Secretary of Homeland Security or a State or local government entity, may declare an extraordinary migration event (2) Parameters described Quantitative and qualitative parameters described in this paragraph may include the following: (A) The average number of border apprehensions per week by U.S. Customs and Border Protection compared to historical data. (B) Staffing and resources available to the U.S. Border Patrol operating in sectors affected by a migrant surge. (C) Migrant population composition. (D) Projected or assessed changes in any of the parameters described in this paragraph. (3) Review and revision The Secretary of Homeland Security, in consultation with the heads of relevant Federal, State, and local agencies, should, not less frequently than annually, review and, if appropriate, revise the quantitative and qualitative parameters described in paragraph (2). (4) Notification If a quantitative or qualitative parameter described in paragraph (2) is revised pursuant to paragraph (3), the Secretary of Homeland Security shall, not later than 30 days after each such revision notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of each such revision. (b) Appointment of a Federal coordinating officer (1) In general Upon the declaration of an extraordinary migration event by the President, the President shall appoint an official of the Department of Homeland Security to serve as the Federal coordinating officer. Such officer shall report to the Secretary of Homeland Security and shall— (A) conduct an appraisal of the types of resources, including relating to transportation, facilities, personnel, health, and intelligence, necessary to respond to such an event; (B) coordinate— (i) the administration of assistance and support offered to the Department by other Federal departments and agencies in response to such an event; (ii) activities of State and local governments when requested by such governments in response to such an event; and (iii) activities of nongovernmental organizations providing relief and assistance operating in the area of such event and providing services to migrants in response to such event when requested by such organizations; and (C) advise the Secretary and the President regarding appropriate timing relating to the termination of such an event. (2) Rule of construction Nothing in paragraph (1) may be construed as prohibiting the senior coordinating official of the Southwest Border Coordination Center of the Department of Homeland Security from serving as the Federal coordinating officer appointed pursuant to such paragraph if the President determines such is appropriate. (c) Southwest Border Coordination Center (1) In general The Secretary of Homeland Security may utilize the capabilities of the Southwest Border Coordination Center of the Department of Homeland Security (SBCC) in response to the declaration of an extraordinary migration event by the President. The Center may be staffed by officers and officials of the Department, including U.S. Customs and Border Protection, the Federal Emergency Management Agency, U.S. Immigration and Customs Enforcement (ICE), and United States Citizenship and Immigration Services (USCIS), as well as officers and officials of relevant Federal departments and agencies, including the Department of Justice, the Department of Health and Human Services, and the Department of Defense. (2) Lead field coordinators Subject to the direction of the Federal coordinating officer under subsection (b), the senior coordinating official of the Southwest Border Coordination Center may establish lead field coordinators in response to the declaration of an extraordinary migration event by the President. (3) Incident management assistance teams Subject to the direction of the Federal coordinating officer under subsection (b), the senior coordinating official of the Southwest Border Coordination Center may establish incident management assistance teams to support the Center and lead field coordinators under paragraph (2). (4) Incident Action Planning Process In responding to the declaration of an extraordinary migration event by the President, the Southwest Border Coordination Center shall use an Incident Action Planning Process to address emerging resource requirements related to such event. (d) Formation of migration response teams Upon the declaration of an extraordinary migration event by the President, the Federal coordinating officer appointed pursuant to subsection (b) shall establish migration response teams to be deployed to assist the Southwest Border Coordination Cell under subsection (c), including relating to the following: (1) Coordinating the construction of specialized migration processing facilities with staff from other Federal departments and agencies, State and local governments, and nongovernmental organizations to assist with the humanitarian needs of arriving migrants. (2) Working with U.S. Customs and Border Protection, the Federal Emergency Management Agency, the Department of Health and Human Services, and other appropriate organizations to establish temporary holding facilities for migrants. (3) Coordinating with the National Disaster Medical System of the Department of Health and Human Services, and, as appropriate, FEMA Corps, the private sector, and the National Guard, to ensure such facilities are staffed with health professionals who are able to provide medical and mental health assistance and other humanitarian support to such migrants. (e) Formation of processing teams Upon declaration of an extraordinary migration event by the President, the Secretary of Homeland Security may take such actions as may be necessary to process in a timely manner individuals arriving at the border, including by— (1) reassigning United States Citizenship and Immigration Services asylum officers and interpreters to U.S. Customs and Border Protection border facilities; and (2) surging resources to process migrants in their countries of origin. (f) Arrangements with relief and assistance organizations Upon declaration of an extraordinary migration event by the President, the Secretary of Homeland Security, the Federal coordinating officer under subsection (b), and their designees may enter into arrangements with nongovernmental organizations providing relief and assistance operating in the area of such event to utilize the personnel and facilities of such organizations to provide essential services, including housing, temporary shelter, medical, legal, or other essential services, to migrants. Any such arrangements shall include provisions assuring that use of Federal facilities, supplies, and services adhere to regulations prohibiting duplication of benefits and guaranteeing nondiscrimination. (g) Funding There is established an Emergency Migration Response Fund. There is authorized to be appropriated to the Fund for fiscal 2023 up to $1,500,000,000 to be made available to carry out this Act in the event of a declaration of an extraordinary migration event by the President, including— (1) $1,060,000,000 for U.S. Customs and Border Protection soft-sided facilities, medical care, transportation, and personnel costs; (2) $150,000,000 for the Federal Emergency Management Agency’s Emergency Food and Shelter Program; (3) $50,000,000 for United States Citizenship and Immigration Services personnel costs; and (4) $50,000,000 for Federal Emergency Management Agency for grants to supporting relief organizations. (h) Notification to Congress Not later than 30 days after the President declares an extraordinary migration event, the President shall transmit to Congress a notification relating thereto. Such notification shall include information describing the actions taken pursuant to this Act in response to such an event, including information relating to funding, personnel, and resources.

Summary: Emergency Migration Response Act of 2022 This bill authorizes the President to declare an extraordinary migration event that is of such magnitude that the existing infrastructure, including Department of Homeland Security (DHS) staffing levels and relevant government resources, is unable to provide an appropriate government response. Such a declaration authorizes DHS to take various actions to respond to the migration event, such as (1) utilizing the capabilities of the Southwest Border Coordination Center, (2) reassigning U.S. Citizenship and Immigration Services asylum officers and interpreters to U.S. Customs and Border Protection border facilities, and (3) surging resources to process migrants in their countries of origin.