Upholding the Law at Our Border Act
Bill: S.3263 | Sponsor: Sen. Scott, Rick (R-FL)
Policy area: Immigration

Summary:
Upholding the Law at Our Border Act
This bill requires the Office of Inspector General of the Department of Homeland Security (DHS) to periodically investigate and report on certain issues until there have been fewer than 35,000 apprehensions at the southwest border for three consecutive months.
When required, the reports must address certain issues, including (1) the vetting procedures applicable to aliens seeking entry into the United States who were apprehended along the southwest border, (2) the total number of individuals not lawfully present who have been processed and released into the United States, (3) the number of such individuals who have received parole, and (4) an audit of the parole applications.
The office must submit such reports (and provide briefings on the reports) to the President, Congress, DHS, and the Department of Justice.

To require the Inspector General of the Department of Homeland Security 
to investigate the vetting and processing of illegal aliens apprehended 
   along the southwest border and to ensure that all laws are being 
                                upheld.

    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 ``Upholding the Law at Our Border 
Act''.

SEC. 2. INVESTIGATION AND REPORT ON VETTING AND PROCESSING OF ILLEGAL 
              ALIENS APPREHENDED ALONG THE SOUTHWEST BORDER AND 
              ENSURING THAT ALL LAWS ARE BEING UPHELD.

    Not less frequently than every 60 days until there have been fewer 
than 35,000 apprehensions per month at the southwest border for 3 
consecutive months, the Inspector General of the Department of Homeland 
Security shall conduct an investigation and submit a report and provide 
a briefing to the President, the Secretary of Homeland Security, the 
Attorney General, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committee on Homeland Security of the 
House of Representatives regarding, with respect to the period 
beginning on January 20, 2021--
            (1) the vetting procedures applicable to aliens (as defined 
        in section 101(a) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a))) seeking entry or admission to the United 
        States who were apprehended along the southwest border of the 
        United States, including the process for conducting in-person 
        interviews with such aliens and the number of such interviews 
        that were conducted;
            (2) the total number of illegal aliens who were processed 
        and released into the interior of the United States;
            (3) the number of illegal aliens who received parole 
        (humanitarian or otherwise);
            (4) the results of the audit of parole applications, 
        including the justification for any instances in which parole 
        was granted;
            (5) the total number of illegal aliens who have been placed 
        in removal proceedings pursuant to section 240 of the 
        Immigration and Nationality Act (8 U.S.C. 1229a), including--
                    (A) how many have been removed; and
                    (B) how many are eligible for any immigration 
                benefit, such as asylum or lawful permanent residence;
            (6) the results of the audit of asylum application under 
        section 208 of the Immigration and Nationality Act (8 U.S.C. 
        1158);
            (7) the total number of illegal aliens who have been placed 
        in expedited removal proceedings pursuant to section 235(b)(1) 
        of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), 
        including how many have been removed;
            (8) the efforts of the Department of Homeland Security to 
        continually monitor all of the illegal aliens who were 
        apprehended along the southwest border of the United States and 
        then released on parole, including--
                    (A) the number who were given a ``notice to 
                report'' to a U.S. Immigration and Customs Enforcement 
                office;
                    (B) the number who actually reported in compliance 
                with such notice to report;
                    (C) the number who were given a ``notice to 
                appear'' before an immigration judge; and
                    (D) the number who have prior criminal convictions 
                or terms of imprisonment in the United States or 
                outside of the United States;
            (9) the total number of illegal aliens who were processed 
        and released into the interior of the United States without 
        participating in an alternatives to detention program, such as 
        using an ankle monitor or another tracking monitor; and
            (10) the States and counties in which the Department of 
        Homeland Security or the Department of Health and Human 
        Services has resettled illegal aliens since January 20, 2021.
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