Emergency Migration Response Act of 2022
Bill: H.R.7757 | Sponsor: Rep. Slotkin, Elissa (D-MI)
Policy area: Immigration

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.

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 Representatives 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 
2022''.

SEC. 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'' that 
        is of such a magnitude that an appropriate, timely, or 
        effective response is beyond the scope of the existing 
        infrastructure 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 parameters described in paragraph (2) to determine 
        if an event is an extraordinary migration event and when such a 
        declaration of such an event should terminate.
            (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.
                                 <all>