I 
113TH CONGRESS 
1ST SESSION H. R. 3611 
To require the Secretary of Homeland Security to submit to Congress an 
annual report on immigration policy directives issued by the Department 
of Homeland Security, to ensure that each such policy directive is subject 
to the rule making process described in section 553 of title 5, United 
States Code, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2013 
Mr. PERRY (for himself, Mr. BARLETTA, Mrs. BACHMANN, Mr. SMITH of 
Texas, Mr. STEWART, Mr. COTTON, and Mr. GINGREY of Georgia) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To require the Secretary of Homeland Security to submit 
to Congress an annual report on immigration policy di-
rectives issued by the Department of Homeland Security, 
to ensure that each such policy directive is subject to 
the rule making process described in section 553 of title 
5, United States Code, 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 ‘‘DHS Immigration Ac-
countability and Transparency Act of 2013’’. 
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SEC. 2. TRANSPARENCY REQUIREMENT FOR IMMIGRATION 
POLICY DIRECTIVES. 
(a) REPORTING REQUIREMENT.—The Secretary of 
Homeland Security shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate and the Committee on Homeland Security of the 
House of Representatives an annual report on immigra-
tion policy directives. 
(b) MATTERS COVERED.—The report required by 
subsection (a) shall include, at a minimum— 
(1) statistics on the removal of aliens from the 
United States during the 10-year period preceding 
the date of submission of the report, including the 
number of aliens placed in removal proceedings but 
not removed; 
(2) statistics and a cost-benefit analysis regard-
ing the use of Federal funds to implement each im-
migration policy directive issued by the Department 
of Homeland Security during the period beginning 
on January 20, 2009, and ending on the date of 
submission of the report; 
(3) the number of aliens unlawfully present or 
without lawful status in the United States with an 
immigration status that was modified or otherwise 
adjusted as a result of each such policy directive, in-
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cluding an identification of the new status assigned 
to each such alien; 
(4) the number of aliens unlawfully present or 
without lawful status in the United States who ap-
plied for and were denied relief as a result of each 
such policy directive, and the percentage of such 
aliens against whom removal proceedings were initi-
ated; 
(5) for each alien denied relief under paragraph 
(4) against whom removal proceedings were not ini-
tiated, an explanation of why such action was not 
taken and a listing of the final determination made 
in such alien’s case, if any; 
(6) the number of cases in the Executive Office 
for Immigration Review of the Department of Jus-
tice that were administratively closed as a result of 
each such policy directive and an identification of 
the new status or statuses assigned to the aliens in 
such cases; 
(7) statistics on aliens unlawfully present or 
without lawful status in the United States released 
from prisons or administrative detention centers 
since January 20, 2009, including— 
(A) the number of such aliens convicted or 
formally accused of a violent crime; and 
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(B) the number of such aliens released in 
each State; and 
(8) detailed information on the methods used to 
compile and calculate the information described in 
paragraphs (1), (2), (3), (4), (5), (6), and (7). 
(c) PUBLIC AVAILABILITY.—The report required by 
subsection (a) shall be made publicly available. 
(d) REPORTING DEADLINE.—The Secretary shall 
submit the first report required by subsection (a) not later 
than 90 days after the date of the enactment of this Act. 
(e) REMOVAL
OF
ALIENS
FROM
THE
UNITED 
STATES.—In this Act, the term ‘‘removal of aliens from 
the United States’’ does not include individuals who are 
denied admission upon being inspected by an immigration 
officer at the border of the United States. 
SEC. 3. ACCOUNTABILITY REQUIREMENTS FOR IMMIGRA-
TION POLICY DIRECTIVES. 
(a) TREATMENT OF AN IMMIGRATION POLICY DIREC-
TIVE AS A RULE.—For purposes of chapters 5, 6, 7, and 
8 of title 5, United States Code, an immigration policy 
directive shall be treated as a rule. 
(b) NOTICE REQUIREMENT.—In publishing a general 
notice of proposed rule making as required under section 
553 of title 5, United States Code, for an immigration 
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policy directive, the Secretary of Homeland Security shall 
include a report that— 
(1) describes with reasonable detail the actions 
the Department of Homeland Security plans to take 
to implement and enforce the policy directive; 
(2) indicates whether the policy directive states 
a new or changed policy regarding the enforcement 
of any Federal law, and if so, provides a citation to 
such law; and 
(3) estimates the number of aliens present in 
the United States with an immigration status that 
will be modified as a result of the policy directive 
and identifies the new status or statuses to be as-
signed to such aliens. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) IMMIGRATION
POLICY
DIRECTIVE.—The 
term ‘‘immigration policy directive’’ means any com-
munication that is not a rule, issued by the Depart-
ment of Homeland Security or any agency or office 
within the Department, regarding the administration 
or enforcement of immigration law or policy, includ-
ing memoranda, statements, and guidance docu-
ments. 
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(2) RULE.—The term ‘‘rule’’ has the meaning 
provided in section 551 of title 5, United States 
Code. 
Æ 
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