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 Com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Migration 
Response Act of 2023’’. 
SEC. 2. EMERGENCY RESPONSE TO MIGRATION SURGES. 
(a) AUTHORITY TO DECLARE AN EXTRAORDINARY 
MIGRATION EVENT.— 
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(1) IN GENERAL.—The President, at the re-
quest of the Secretary of Homeland Security or a 
State or local government entity, may declare an 
‘‘extraordinary migration event’’ that is of such a 
magnitude that an appropriate, timely, or effective 
response is beyond the scope of the existing infra-
structure and staffing levels of the Department of 
Homeland Security or State or local governmental 
resources. The Secretary, in consultation with the 
heads of relevant Federal, State, and local agencies, 
should establish quantitative and qualitative param-
eters described in paragraph (2) to determine if an 
event is an extraordinary migration event and when 
such a declaration of such an event should termi-
nate. 
(2) PARAMETERS
DESCRIBED.—Quantitative 
and qualitative parameters described in this para-
graph may include the following: 
(A) The average number of border appre-
hensions 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. 
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(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 qual-
itative parameters described in paragraph (2). 
(4) NOTIFICATION.—If a quantitative or quali-
tative parameter described in paragraph (2) is re-
vised 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 Gov-
ernmental Affairs of the Senate of each such revi-
sion. 
(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 coordi-
nating officer. Such officer shall report to the Sec-
retary of Homeland Security and shall— 
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(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 gov-
ernments when requested by such govern-
ments in response to such an event; and 
(iii) activities of nongovernmental or-
ganizations 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 or-
ganizations; 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 Home-
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land Security from serving as the Federal coordi-
nating 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 South-
west 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. Cus-
toms and Border Protection, the Federal Emergency 
Management Agency, U.S. Immigration and Cus-
toms Enforcement (ICE), and United States Citizen-
ship 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 
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declaration of an extraordinary migration event by 
the President. 
(3) 
INCIDENT
MANAGEMENT
ASSISTANCE 
TEAMS.—Subject to the direction of the Federal co-
ordinating officer under subsection (b), the senior 
coordinating official of the Southwest Border Co-
ordination Center may establish incident manage-
ment 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 re-
source 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 ap-
pointed pursuant to subsection (b) shall establish migra-
tion 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 
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governments, and nongovernmental organizations to 
assist with the humanitarian needs of arriving mi-
grants. 
(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 es-
tablish 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 en-
sure such facilities are staffed with health profes-
sionals who are able to provide medical and mental 
health assistance and other humanitarian support to 
such migrants. 
(e) FORMATION OF PROCESSING TEAMS.—Upon dec-
laration of an extraordinary migration event by the Presi-
dent, 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 inter-
preters to U.S. Customs and Border Protection bor-
der facilities; and 
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(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 Home-
land Security, the Federal coordinating officer under sub-
section (b), and their designees may enter into arrange-
ments with nongovernmental organizations providing relief 
and assistance operating in the area of such event to uti-
lize the personnel and facilities of such organizations to 
provide essential services, including housing, temporary 
shelter, medical, legal, or other essential services, to mi-
grants. Any such arrangements shall include provisions as-
suring 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 ap-
propriated to the Fund for fiscal 2024 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 Bor-
der Protection soft-sided facilities, medical care, 
transportation, and personnel costs; 
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(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 Man-
agement Agency for grants to supporting relief orga-
nizations. 
(h) NOTIFICATION TO CONGRESS.—Not later than 30 
days after the President declares an extraordinary migra-
tion event, the President shall transmit to Congress a noti-
fication relating thereto. Such notification shall include in-
formation describing the actions taken pursuant to this 
Act in response to such an event, including information 
relating to funding, personnel, and resources. 
Æ 
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