Protect America First Act
Bill: H.R.1883 | Sponsor: Rep. Greene, Marjorie Taylor (R-GA)
Policy area: Immigration

Summary:
Protect America First Act
This bill temporarily bars noncitizens from entering the United States and addresses related issues.
During the four-year period starting from this bill's enactment, any alien who unlawfully enters the United States at a port of entry without proof of citizenship shall be inadmissible.
The bill requires the detention of certain aliens (generally, those not legally present in the United States) who have been charged with any crime resulting in the death or serious bodily injury of another.
Furthermore, a state or local government shall be ineligible for certain federal assistance if that government has a law or policy that (1) violates certain laws about sharing immigration status information with federal officials, or (2) prohibits law enforcement from obtaining immigration status information from any individual.
The bill also requires (1) the Department of the Treasury to establish a fund for a barrier along the U.S.-Mexico border, and (2) the Department of Homeland Security to construct such a barrier by December 31, 2021.
The bill also reinstates certain immigration-related executive orders, including an order that generally barred nationals of certain countries (such as Somalia and Sudan) from entry, while rescinding other orders, including an order promoting access to voting for individuals legally entitled to vote. The bill also rescinds orders establishing the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs. (Generally, DACA defers the deportation of eligible aliens who entered the United States as minors, while DAPA is a similar program for the alien parents of U.S. citizens or permanent residents.)

To enact a moratorium on immigration, build the wall, prioritize 
  securing the Southern border, repeal certain Executive orders which 
endanger the security of the United States, re-assert a zero-tolerance 
   immigration policy, ensure the safe return of unaccompanied alien 
  children, reduce human trafficking, deport criminal aliens, and end 
                            chain migration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; SEVERABILITY; DEFINITIONS.

    (a) This Act may be cited as the ``Protect America First Act''.
    (b) Table of Contents.--The table of contents of this Act are as 
follows:

Sec. 1. Short title; table of contents; severability; definitions.
Sec. 2. Purpose.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Reduced removal period for aliens ordered removed.
Sec. 6. Temporary immigration moratorium; expedited deportation.
Sec. 7. ICE detention of violent aliens.
Sec. 8. No Federal funding for ``Sanctuary Cities''.
Sec. 9. Empowering local law enforcement to ensure immigration 
                            security.
Sec. 10. Build the wall.
Sec. 11. Re-asserting zero-tolerance immigration policy.
Sec. 12. Repeal of certain Executive orders signed after January 19, 
                            2021.
Sec. 13. Rescinding Deferred Action for Childhood Arrivals (DACA) and 
                            Deferred Action for Parental Accountability 
                            (DAPA).
Sec. 14. Prohibition of financial aid to Mexico, Central American, and 
                            South American countries.
    (c) Severability.--If any provision of this Act, or the application 
of such provision to any person or circumstance, is held invalid, the 
remainder of this Act, and the application of such provision to other 
persons not similarly situated or to other circumstances, shall not be 
affected by such invalidation.
    (d) Definitions.--In this Act:
            (1) ``Alien'' refers to anyone who is not a citizen or a 
        national of the United States as defined in the Immigration and 
        Nationality Act (INA) 101(a)(3), 8 U.S.C. 1101(a)(3).
            (2) ``Inadmissible Alien'' refers to any alien who is 
        ineligible to receive visas or be lawfully admitted to the 
        United States.
            (3) ``Central American country'' is defined as any of the 
        following countries: Guatemala, Belize, El Salvador, Honduras, 
        Nicaragua, Costa Rica, and Panama.
            (4) ``South American country'' is defined as any of the 
        following countries: Brazil, Argentina, Peru, Columbia, 
        Bolivia, Venezuela, Chile, Paraguay, Ecuador, Guyana, Uruguay, 
        Suriname, and French Guiana.

SEC. 2. PURPOSE.

    It is the purpose of this Act to cease all foreign immigration to 
the United States for a period of four years until the border is 
secured and Americans can return to work. It is also the purpose of 
this Act to repeal certain Executive orders which endanger the security 
of the United States, re-assert a zero-tolerance immigration policy, 
ensure the safe return of unaccompanied alien children, reduce human 
trafficking, deport criminal aliens, and end chain migration.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Constitution gives Congress absolute power to 
        create a uniform rule of naturalization under Article I, 
        Section 8, Clause 4.
            (2) Between 2013 and 2014, the number of unaccompanied 
        children apprehended at the border increased nearly 80 percent, 
        from 38,759 in fiscal year 2013 (October 2012-September 2013) 
        to 68,541 in fiscal year 2014 (October 2013-September 2014).
            (3) The New York Times concluded that the William 
        Wilberforce Trafficking Victims Protection Reauthorization Act 
        of 2008 (Public Law 110-457, hereafter ``Wilberforce Act'') 
        enacted during the transition to the Obama administration was 
        at the root of the calamitous flow of unaccompanied minors to 
        the Nation's southern border in 2014.
            (4) According to Cable News Network (CNN), the Wilberforce 
        Act contributed to the surge of child migrants from Central 
        America by preventing the United States from sending the 
        children back without an asylum hearing.
            (5) According to then-Presidential Candidate Biden, it is a 
        ``moral failing when children are locked away in overcrowded 
        detention centers''.
            (6) According to the Los Angeles Times, President Obama's 
        Administration, under the leadership of Vice President Joe 
        Biden, Homeland Security Secretary Jeh Johnson and Deputy 
        Secretary Alejandro Mayorkas, built the overcrowded detention 
        centers (so-called ``cages'').
            (7) President Biden has made the following actions 
        concerning immigration:
                    (A) Revoked President Trump's travel ban (Executive 
                Order 13780) and allowed visa processing to begin 
                again.
                    (B) Stopped all construction of a Southern border 
                wall and started the process to redirect the funds 
                appropriated for building a border wall.
                    (C) Given Federal agencies the power to completely 
                overhaul President Trump's immigration policies 
                (Executive Order 13993).
                    (D) Declared that Federal agents can no longer 
                deputize local law enforcement to assist at the border 
                when they are overwhelmed (Executive Order 13993).
                    (E) Directed the Department of Homeland Security to 
                preserve and fortify DACA.
                    (F) Directed the Department of Homeland Security to 
                expand pathways for individuals from the Northern 
                Triangle to enter the United States, including by chain 
                migration, and reintroduces ``catch and release'' 
                immigration practices (Executive Order 14010).
                    (G) Stopped President Trump's efforts to halt 
                immigration in order to slow the spread of COVID-19 
                (Executive Order 14010).
                    (H) Targeted President Trump's Migration Protection 
                Protocols for probable recission so that asylum seekers 
                can enter more easily (Executive Order 14010).
            (8) President Trump supported deporting all undocumented 
        immigrants (``inadmissible aliens'') and called for an end to 
        unnaturalized birthright citizenship in the United States.
            (9) According to the BBC, border detentions significantly 
        increased under the Trump Administration.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that:
            (1) The legal immigration system of the United States 
        should be curtailed to those that can contribute not only 
        economically but have demonstrated respect for this Nation's 
        culture and rule of law.
            (2) America's borders must be defended, and illegal 
        immigration must be stopped without exception.
            (3) A measure of a country's greatness is the value 
        recognized in being a citizen. As such, America cannot tarnish 
        the citizenship designation by rewarding those who fail to 
        follow the laws at the expense of those who do.
            (4) Amnesty must be rejected in all forms.
            (5) Unnaturalized birthright citizenship--which actively 
        encourages hostile interests to undermine the legitimacy of 
        democratic self-governance by engaging in subversive ``birth 
        tourism'' and chain migration--is contrary to the intent of the 
        14th Amendment to the Constitution.
            (6) Federally imposed refugee resettlement programs should 
        be rejected due both to disruption to local communities and the 
        corruption rampant within these programs.

SEC. 5. REDUCED REMOVAL PERIOD FOR ALIENS ORDERED REMOVED.

    Title 8 U.S.C. 1231(a)(1)(A) is amended by striking ``90 days'' and 
inserting ``30 days''.

SEC. 6. TEMPORARY IMMIGRATION MORATORIUM; EXPEDITED DEPORTATION.

    Title 8, United States Code, is amended by adding at the end the 
following new section:

``SEC. 1383. TEMPORARY MORATORIUM OF IMMIGRATION; RAPID DEPORTATION.

    ``(a) Notwithstanding any other provision of law, following the 
date of enactment of this Act, any alien who unlawfully enters the 
United States without a valid passport or other proof of U.S. 
Citizenship at a port of entry shall be treated as an `inadmissible 
alien' under 8 U.S.C. 1182(a) and under a removal order from the 
Attorney General as prescribed at 8 U.S.C. 1231(a)(1)(A).
    ``(b) Further, such inadmissible aliens shall also be--
            ``(1) assumed to fall under the communicable disease-
        carrying health-related status (8 U.S.C. 1182(1)(A)(i)); and
            ``(2) be subject to immediate detention and deportation (as 
        though already ordered by the Attorney General at 8 U.S.C. 
        1231(a)(1)(A)) to their country of origin within 30 days of 
        being detained by a United States law enforcement or Homeland 
        Security officer.
    ``(c) Further, such inadmissible aliens who are detained after 
January 1, 2021, shall not be required to appear before an immigration 
judge for adjudication pursuant to the procedures outlined in 8 U.S.C. 
1229(a) and 8 U.S.C. 1229.
    ``(d) Further, such removal proceedings under 1229(a) shall be used 
to adjudicate asylum and immigration claims filed before January 1, 
2021.
    ``(e) Further, such inadmissible aliens as described in this 
section shall, under no circumstances, be released from law enforcement 
custody while awaiting deportation.
    ``(f) Time Limitation.--This section shall apply for 4 calendar 
years following the date of enactment of this Act.''.

SEC. 7. ICE DETENTION OF VIOLENT ALIENS.

    (a) Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraphs (A) and (B), by striking the 
                comma at the end of each subparagraph and inserting a 
                semicolon;
                    (B) in subparagraph (C)--
                            (i) by striking ``sentence'' and inserting 
                        ``sentenced''; and
                            (ii) by striking ``, or'' and inserting a 
                        semicolon;
                    (C) in subparagraph (D), by striking the comma at 
                the end and inserting ``; or''; and
                    (D) by inserting after subparagraph (D) the 
                following:
                    ``(E)(i)(I) was not inspected and admitted into the 
                United States;
                    ``(II) held a nonimmigrant visa (or other 
                documentation authorizing admission into the United 
                States as a nonimmigrant) that has been revoked under 
                section 221(i); or
                    ``(III) is described in section 237(a)(1)(C)(i); 
                and
                    ``(ii) has been charged by a prosecuting authority 
                in the United States with any crime that resulted in 
                the death or serious bodily injury (as defined in 
                section 1365(h)(3) of title 18, United States Code) of 
                another person,''; and
            (2) by adding at the end the following:
            ``(3) Notification requirement.--Upon encountering or 
        gaining knowledge of an alien described in paragraph (1), the 
        Assistant Secretary of Homeland Security for Immigration and 
        Customs Enforcement shall make reasonable efforts--
                    ``(A) to obtain information from law enforcement 
                agencies and from other available sources regarding the 
                identity of any victims of the crimes for which such 
                alien was charged or convicted; and
                    ``(B) to provide the victim or, if the victim is 
                deceased, a parent, guardian, spouse, or closest living 
                relative of such victim, with information, on a timely 
                and ongoing basis, including--
                            ``(i) the alien's full name, aliases, date 
                        of birth, and country of nationality;
                            ``(ii) the alien's immigration status and 
                        criminal history;
                            ``(iii) the alien's custody status and any 
                        changes related to the alien's custody; and
                            ``(iv) a description of any efforts by the 
                        United States Government to remove the alien 
                        from the United States.''.
    (b) Savings Provision.--Nothing in this Act, or the amendments made 
by this Act, may be construed to limit the rights of crime victims 
under any other provision of law, including section 3771 of title 18, 
United States Code.

SEC. 8. NO FEDERAL FUNDING FOR ``SANCTUARY CITIES''.

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended by adding at the end the following:
            ``(7) A State (or a political subdivision of a State) shall 
        not be eligible to enter into a contractual arrangement under 
        paragraph (1) if the State (or political subdivision)--
                    ``(A) has in effect any law, policy, or procedure 
                in contravention of subsection (a) or (b) of section 
                642 of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1373); or
                    ``(B) prohibits State or local law enforcement 
                officials from gathering information regarding the 
                citizenship or immigration status, lawful or unlawful, 
                of any individual.''.
     (a) Limitation on DOJ Grant Programs.--
            (1) Cops.--In the case of a State or unit of local 
        government that received a grant award under part Q of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796dd et seq.), if, during a fiscal year, that State or 
        local government is a State or local government described in 
        subsection (c), the Attorney General shall withhold all of the 
        amount that would otherwise be awarded to that State or unit of 
        local government for the following fiscal year.
            (2) Byrne-JAG.--In the case of a State or unit of local 
        government that received a grant award under subpart 1 of part 
        E of title I of the Omnibus Crime Control and Safe Streets Act 
        of 1968 (42 U.S.C. 3750 et seq.), if, during a fiscal year, 
        that State or unit of local government is described in 
        subsection (c), the Attorney General shall withhold all of the 
        amount that would otherwise be awarded to that State or unit of 
        local government for the following fiscal year.
            (3) States and local governments described.--A State or 
        unit of local government described in this subsection is any 
        State or local government that--
                    (A) has in effect any law, policy, or procedure in 
                contravention of subsection (a) or (b) of section 642 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1373); or
                    (B) prohibits State or local law enforcement 
                officials from gathering information regarding the 
                citizenship or immigration status, lawful or unlawful, 
                of any individual.

SEC. 9. EMPOWERING LOCAL LAW ENFORCEMENT TO ENSURE IMMIGRATION 
              SECURITY.

    (a) Federal Affirmation of Assistance in the Immigration Law 
Enforcement by States and Political Subdivisions of States.--
Notwithstanding any other provision of law and reaffirming the existing 
inherent authority of States, law enforcement personnel of a State, or 
of a political subdivision of a State, have the inherent authority of a 
sovereign entity to investigate, identify, apprehend, arrest, detain, 
or transfer to Federal custody aliens in the United States (including 
the transportation of such aliens across State lines to detention 
centers), for the purposes of assisting in the enforcement of the 
immigration laws of the United States in the course of carrying out 
routine duties. This State authority has never been displaced or 
preempted by Congress.
    (b) State Authorization for Assistance in the Enforcement of 
Immigration Laws Encouraged.--
            (1) In general.--Effective on the enactment date of this 
        Act, a State, or a political subdivision of a State, that has 
        in effect a statute, policy, or practice that prohibits law 
        enforcement officers of the State, or of a political 
        subdivision of the State, from assisting or cooperating with 
        Federal immigration law enforcement in the course of carrying 
        out the officers' routine law enforcement duties shall not 
        receive any of the funds that would otherwise be allocated to 
        the State under section 241(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(i)).
            (2) Construction.--Nothing in this section shall require 
        law enforcement officials from States, or from political 
        subdivisions of States, to report or arrest victims or 
        witnesses of a criminal offense.
            (3) Reallocation of funds.--Any funds that are not 
        allocated to a State, or to a political subdivision of a State, 
        due to the failure of the State, or of the political 
        subdivision of the State, to comply with subsection (a) shall 
        be reallocated to States, or to political subdivisions of 
        States, that comply with such subsection.
    (c) Listing of Immigration Violators in the National Crime 
Information Center Database.--
            (1) Provision of information to the ncic.--Not later than 
        180 days after the date of the enactment of this Act and 
        periodically thereafter as updates may require, the Under 
        Secretary for Border and Transportation Security of the 
        Department of Homeland Security shall provide the National 
        Crime Information Center of the Department of Justice with such 
        information as the Under Secretary may possess regarding any 
        aliens against whom a final order of removal has been issued, 
        any aliens who have signed a voluntary departure agreement, any 
        aliens who have overstayed their authorized period of stay, and 
        any aliens whose visas have been revoked. The National Crime 
        Information Center shall enter such information into the 
        Immigration Violators File of the National Crime Information 
        Center database, regardless of whether--
                    (A) the alien concerned received notice of a final 
                order of removal;
                    (B) the alien concerned has already been removed; 
                or
                    (C) sufficient identifying information is available 
                with respect to the alien concerned.
            (2) Inclusion of information in the ncic database.--
                    (A) In general.--Section 534(a) of title 28, United 
                States Code, is amended--
                            (i) in paragraph (3), by striking ``and'' 
                        at the end;
                            (ii) by redesignating paragraph (4) as 
                        paragraph (5); and
                            (iii) by inserting after paragraph (3) the 
                        following new paragraph:
            ``(4) acquire, collect, classify, and preserve records of 
        violations by aliens of the immigration laws of the United 
        States, regardless of whether any such alien has received 
        notice of the violation or whether sufficient identifying 
        information is available with respect to any such alien and 
        even if any such alien has already been removed from the United 
        States; and''.
                    (B) Effective date.--The Attorney General shall 
                ensure that the amendment made by paragraph (1) is 
                implemented by not later than 6 months after the date 
                of the enactment of this Act.
    (d) State and Local Law Enforcement Provision of Information About 
Apprehended Aliens.--
            (1) Provision of information.--In compliance with section 
        642(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1373) and section 434 of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1644), each State, and each political 
        subdivision of a State, shall provide the Secretary of Homeland 
        Security in a timely manner with the information specified in 
        subsection (b) with respect to each alien apprehended in the 
        jurisdiction of the State, or in the political subdivision of 
        the State, who is believed to be in violation of the 
        immigration laws of the United States.
            (2) Information required.--The information referred to in 
        subsection (a) is as follows:
                    (A) The alien's name.
                    (B) The alien's address or place of residence.
                    (C) A physical description of the alien.
                    (D) The date, time, and location of the encounter 
                with the alien and reason for stopping, detaining, 
                apprehending, or arresting the alien.
                    (E) If applicable, the alien's driver's license 
                number and the State of issuance of such license.
                    (F) If applicable, the type of any other 
                identification document issued to the alien, any 
                designation number contained on the identification 
                document, and the issuing entity for the identification 
                document.
                    (G) If applicable, the license plate number, make, 
                and model of any automobile registered to, or driven 
                by, the alien.
                    (H) A photo of the alien, if available or readily 
                obtainable.
                    (I) The alien's fingerprints, if available or 
                readily obtainable.
            (3) Annual report on reporting.--The Secretary shall 
        maintain and annually submit to Congress a detailed report 
        listing the States, or the political subdivisions of States, 
        that have provided information under subsection (d)(1) in the 
        preceding year.
            (4) Reimbursement.--The Secretary of Homeland Security 
        shall reimburse States, and political subdivisions of a State, 
        for all reasonable costs, as determined by the Secretary, 
        incurred by the State, or the political subdivision of a State, 
        as a result of providing information under subsection (d)(1).
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary $200,000,000 to remain 
        available until expended to carry out this section.
            (6) Construction.--Nothing in this section shall require 
        law enforcement officials of a State, or of a political 
        subdivision of a State, to provide the Secretary of Homeland 
        Security with information related to a victim of a crime or 
        witness to a criminal offense.
    (e) Financial Assistance to State and Local Police Agencies That 
Assist in the Enforcement of Immigration Laws.--
            (1) Grants for special equipment for housing and processing 
        certain aliens.--From amounts made available to make grants 
        under this section, the Secretary of Homeland Security shall 
        make grants to States, and to political subdivisions of States, 
        for procurement of equipment, technology, facilities, and other 
        products that facilitate and are directly related to 
        investigating, apprehending, arresting, detaining, or 
        transporting aliens who have violated the immigration laws of 
        the United States, including additional administrative costs 
        incurred under this Act.
            (2) Eligibility.--To be eligible to receive a grant under 
        this section, a State, or a political subdivision of a State, 
        must have the authority to, and shall have a written policy and 
        a practice to, assist in the enforcement of the immigration 
        laws of the United States in the course of carrying out the 
        routine law enforcement duties of such State or political 
        subdivision of a State. Entities covered under this section may 
        not have any policy or practice that prevents local law 
        enforcement from inquiring about a suspect's immigration 
        status.
            (3) Funding.--There are authorized to be appropriated to 
        the Secretary for grants under this section $200,000,000 for 
        fiscal year 2021 and each subsequent fiscal year.
            (4) GAO audit.--Not later than three years after the date 
        of the enactment of this Act, the Comptroller General of the 
        United States shall conduct an audit of funds distributed to 
        States, and to political subdivisions of a State, under 
        subsection (e)(1).
    (f) Federal Custody of Aliens Unlawfully Present in the United 
States Apprehended by State or Local Law Enforcement.--
            (1) State apprehension.--
                    (A) In general.--Title II of the Immigration and 
                Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
                inserting after section 240C the following:

      ``custody of aliens unlawfully present in the united states

    ``Sec. 240D.  (a) Transfer of Custody by State and Local 
Officials.--If a State, or a political subdivision of the State, 
exercising authority with respect to the apprehension or arrest of an 
alien who is unlawfully present in the United States submits to the 
Secretary of Homeland Security a request that the alien be taken into 
Federal custody, the Secretary--
            ``(1) not later than 48 hours after the conclusion of the 
        State, or the political subdivision of a State, charging 
        process or dismissal process, or if no State or political 
        subdivision charging or dismissal process is required, not 
        later than 48 hours after the alien is apprehended, shall take 
        the alien into the custody of the Federal Government and 
        incarcerate the alien; or
            ``(2) shall request that the relevant State or local law 
        enforcement agency temporarily incarcerate or transport the 
        alien for transfer to Federal custody.
    ``(b) Policy on Detention in State and Local Detention 
Facilities.--In carrying out section 241(g)(1), the Attorney General or 
the Secretary of Homeland Security shall ensure that an alien arrested 
under this Act shall be detained, pending the alien's being taken for 
the examination under this section, in a State or local prison, jail, 
detention center, or other comparable facility. Notwithstanding any 
other provision of law or regulation, such facility is adequate for 
detention, if--
            ``(1) such a facility is the most suitably located Federal, 
        State, or local facility available for such purpose under the 
        circumstances;
            ``(2) an appropriate arrangement for such use of the 
        facility can be made; and
            ``(3) such facility satisfies the standards for the 
        housing, care, and security of persons held in custody of a 
        United States marshal.
    ``(c) Reimbursement.--The Secretary of Homeland Security shall 
reimburse States, and political subdivisions of a State, for all 
reasonable expenses, as determined by the Secretary, incurred by the 
State, or political subdivision, as a result of the incarceration and 
transportation of an alien who is unlawfully present in the United 
States as described in subparagraphs (A) and (B) of subsection (a)(1). 
Compensation provided for costs incurred under such subparagraphs shall 
be the average cost of incarceration of a prisoner in the relevant 
State, as determined by the chief executive officer of a State, or of a 
political subdivision of a State, plus the cost of transporting the 
alien from the point of apprehension to the place of detention, and to 
the custody transfer point if the place of detention and place of 
custody are different.
    ``(d) Secure Facilities.--The Secretary of Homeland Security shall 
ensure that aliens incarcerated in Federal facilities pursuant to this 
Act are held in facilities that provide an appropriate level of 
security.
    ``(e) Transfer.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall establish a regular 
        circuit and schedule for the prompt transfer of apprehended 
        aliens from the custody of States, and political subdivisions 
        of a State, to Federal custody.
            ``(2) Contracts.--The Secretary may enter into contracts, 
        including appropriate private contracts, to implement this 
        subsection.
    ``(f) Definition.--For purposes of this section, the term `alien 
who is unlawfully present in the United States' means an alien who--
            ``(1) entered the United States without inspection or at 
        any time, manner or place other than that designated by the 
        Secretary of Homeland Security;
            ``(2) was admitted as a nonimmigrant and who, at the time 
        the alien was taken into custody by the State, or a political 
        subdivision of the State, had failed to--
                    ``(A) maintain the nonimmigrant status in which the 
                alien was admitted or to which it was changed under 
                section 248; or
                    ``(B) comply with the conditions of any such 
                status;
            ``(3) was admitted as an immigrant and has subsequently 
        failed to comply with the requirements of that status; or
            ``(4) failed to depart the United States under a voluntary 
        departure agreement or under a final order of removal.''.
                    (B) Clerical amendment.--The table of contents of 
                such Act is amended by inserting after the item 
                relating to section 240C the following new item:

``SEC. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED 
              STATES.''.

            (2) GAO audit.--Not later than three years after the date 
        of the enactment of this Act, the Comptroller General of the 
        United States shall conduct an audit of compensation to States, 
        and to political subdivisions of a State, for the incarceration 
        of aliens unlawfully present in the United States under section 
        240D(a) of the Immigration and Nationality Act (as added by 
        subsection (a)(1)).
    (g) Immunity.--
            (1) Personal immunity.--Notwithstanding any other provision 
        of law, a law enforcement officer of a State or local law 
        enforcement agency who is acting within the scope of the 
        officer's official duties shall be immune, to the same extent 
        as a Federal law enforcement officer, from personal liability 
        arising out of the performance of any duty described in this 
        Act.
            (2) Agency immunity.--Notwithstanding any other provision 
        of law, a State or local law enforcement agency shall be immune 
        from any claim for money damages based on Federal, State, or 
        local civil rights law for an incident arising out of the 
        enforcement of any immigration law, except to the extent a law 
        enforcement officer of such agency committed a violation of 
        Federal, State, or local criminal law in the course of 
        enforcing such immigration law.
    (h) Institutional Removal Program.--
            (1) Continuation and expansion.--
                    (A) In general.--The Secretary of Homeland Security 
                shall continue to operate and implement the program 
                known as the Institutional Removal Program (IRP) 
                which--
                            (i) identifies removable criminal aliens in 
                        Federal and State correctional facilities;
                            (ii) ensures such aliens are not released 
                        into the community; and
                            (iii) removes such aliens from the United 
                        States after the completion of their sentences.
                    (B) Expansion.--The Institutional Removal Program 
                shall be extended to all States. Any State that 
                receives Federal funds for the incarceration of 
                criminal aliens shall--
                            (i) cooperate with officials of the 
                        Institutional Removal Program;
                            (ii) expeditiously and systematically 
                        identify criminal aliens in its prison and jail 
                        populations; and
                            (iii) promptly convey such information to 
                        officials of such Program as a condition of 
                        receiving such funds.
            (2) Authorization for detention after completion of state 
        or local prison sentence.--Law enforcement officers of a State, 
        or of a political subdivision of a State, are authorized to--
                    (A) hold a criminal alien for a period of up to 14 
                days after the alien has completed the alien's State 
                prison sentence in order to effectuate the transfer of 
                the alien to Federal custody when the alien is 
                removable or not lawfully present in the United States; 
                or
                    (B) issue a detainer that would allow aliens who 
                have served a State prison sentence to be detained by 
                the State prison until personnel from United States 
                Immigration and Customs Enforcement can take the alien 
                into custody.

SEC. 10. BUILD THE WALL.

    (a) Establishment of Fund.--At the end of subchapter III of chapter 
33 of title 31, United States Code, insert the following:

``SEC. 3344. SECURE THE SOUTHERN BORDER FUND.

    ``(a) In General.--Not later than 30 days after the date of 
enactment of this section, the Secretary of the Treasury shall 
establish an account in the Treasury of the United States, to be known 
as the `Secure the Southern Border Fund', into which funds shall be 
deposited in accordance with subsections (c) and (d) below.
    ``(b) Appropriation.--Funds deposited in the Secure the Southern 
Border Fund shall be available until expended. Such funds are 
authorized to be appropriated, and are appropriated, to the Secretary 
of Homeland Security only--
            ``(1) to plan, design, construct, or maintain a barrier 
        along the international border between the United States and 
        Mexico; and
            ``(2) to purchase and maintain necessary vehicles and 
        equipment for U.S. Border Patrol agents.
    ``(c) Limitation.--Not more than 5 percent of the funds deposited 
in the Secure the Southern Border Fund may be used for the purpose 
described in subsection (b)(2).
    ``(d) Initial Authorization of Appropriation.--There is authorized 
to be appropriated $22,000,000,000 to the Secure the Southern Border 
Fund, to remain available until expended.''.
    (b) Construction of Border Wall.--
            (1) Improvement of barriers at border.--Section 102 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 note) is 
        amended--
                    (A) by amending subsection (a) to read as follows:
    ``(a) In General.--Not later than December 31, 2021, the Secretary 
of Homeland Security shall take such actions as may be necessary 
(including the removal of obstacles to detection of illegal entrants) 
to design, test, construct, and install physical barriers, roads, and 
technology along the international land border between the United 
States and Mexico to prevent illegal crossings in all areas.'';
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) in the paragraph heading, by 
                                striking ``Additional fencing'' and 
                                inserting ``Fencing'';
                                    (II) by striking subparagraph (A) 
                                and inserting the following:
                    ``(A) Physical barriers.--In carrying out 
                subsection (a), the Secretary of Homeland Security 
                shall construct physical barriers, including secondary 
                barriers in locations where there is already a fence, 
                along the international land border between the United 
                States and Mexico that will prevent illegal entry and 
                will assist in gaining operational control of the 
                border (as defined in section 2(b) of the Secure Fence 
                Act of 2006 (8 U.S.C. 1701 note; Public Law 109-
                367)).'';
                                    (III) by striking subparagraph (B) 
                                and redesignating subparagraphs (C) and 
                                (D) as subparagraphs (B) and (C), 
                                respectively;
                                    (IV) in subparagraph (B), as so 
                                redesignated--
                                            (aa) by striking clause (i) 
                                        and inserting the following:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall, before constructing physical barriers in 
                        a specific area or region, consult with the 
                        Secretary of the Interior, the Secretary of 
                        Agriculture, appropriate Federal, State, local, 
                        and tribal governments, and appropriate private 
                        property owners in the United States to 
                        minimize the impact on the environment, 
                        culture, commerce, and quality of life for the 
                        communities and residents located near the 
                        sites at which such physical barriers are to be 
                        constructed. Nothing in this paragraph should 
                        be construed to limit the Secretary of Homeland 
                        Security's authority to move forward with 
                        construction after consultation.'';
                                            (bb) by redesignating 
                                        clause (ii) as clause (iii); 
                                        and
                                            (cc) by inserting after 
                                        clause (i), as amended, the 
                                        following new clause:
                            ``(ii) Notification.--Not later than 60 
                        days after the consultation required under 
                        clause (i), the Secretary of Homeland Security 
                        shall notify the Committees on the Judiciary of 
                        the House of Representatives and of the Senate, 
                        the Committee on Homeland Security of the House 
                        of Representatives, and the Committee on 
                        Homeland Security and Governmental Affairs of 
                        the Senate of the type of physical barriers, 
                        tactical infrastructure, or technology the 
                        Secretary has determined is most practical and 
                        effective to achieve situational awareness and 
                        operational control in a specific area or 
                        region and the other alternatives the Secretary 
                        considered before making such a 
                        determination.''; and
                                    (V) by striking subparagraph (C), 
                                as so redesignated, and inserting the 
                                following:
                    ``(C) Limitation on requirements.--Notwithstanding 
                subparagraph (A), nothing in this paragraph shall 
                require the Secretary of Homeland Security to install 
                fencing, physical barriers, or roads, in a particular 
                location along the international border between the 
                United States and Mexico, if the Secretary determines 
                that there is a pre-existing geographical barrier or 
                pre-constructed, impenetrable wall. The Secretary must 
                notify the House and Senate Committees on the 
                Judiciary, the House Committee on Homeland Security, 
                and the Senate Committee on Homeland Security and 
                Governmental Affairs of any decision not to install 
                fencing in accordance with this provision within 30 
                days of a determination being made.'';
                    (C) in paragraph (2)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security''; 
                        and
                            (ii) by striking ``fences'' and inserting 
                        ``physical barriers and roads'';
                    (D) in paragraph (3)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security''; 
                        and
                            (ii) by striking ``additional fencing'' and 
                        inserting ``physical barriers and roads''; and
                    (E) in subsection (c), by amending paragraph (1) to 
                read as follows:
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall have the 
        authority to waive all legal requirements the Secretary, in the 
        Secretary's sole discretion, determines necessary to ensure the 
        expeditious design, testing, construction, installation, 
        deployment, operation, and maintenance of physical barriers, 
        roads, and technology under this section. Any such decision by 
        the Secretary shall be effective upon publication in the 
        Federal Register.''.
    (c) Achieving Operational Control on the Border.--Subsection (a) of 
section 2 the Secure Fence Act of 2006 (8 U.S.C. 1701 note) is amended, 
in the matter preceding paragraph (1), by striking ``18 months after 
the date of the enactment of this Act'' and inserting ``December 31, 
2021''.
    (d) In General.--The Southern border barrier (``wall'') shall be 
referred to as the ``President Donald J. Trump Wall.''

SEC. 11. RE-ASSERTING ZERO-TOLERANCE IMMIGRATION POLICY.

    (a) In General.--Notwithstanding any executive action to the 
contrary, the following executive declarations and orders shall be the 
policy of the United States and have the force of law upon the 
enactment date of this Act:
            (1) Executive Order 13767.
            (2) Executive Order 13768.
            (3) Executive Order 13780.
            (4) Executive Order 13788.
            (5) Executive Order 13802.
            (6) Presidential Memorandum, Issued April 6, 2018, ending 
        ``Catch-and-Release''.
            (7) Department of Justice Zero-Tolerance Policy, Adopted 
        April 6, 2018.
            (8) Department of Homeland Security Migrant Protection 
        Protocols, Issued January 24, 2019.
            (9) Proclamation 9844, February 15, 2019.
            (10) Executive Order 13888.
            (11) Orders from the Centers for Disease Control, issued 
        October 10, 2020.

SEC. 12. REPEAL OF CERTAIN EXECUTIVE ORDERS SIGNED AFTER JANUARY 19, 
              2021.

    (a) In General.--Notwithstanding any executive action to the 
contrary, the following executive declarations, proclamations, and 
orders are hereby null and void:
            (1) Proclamation 10141.
            (2) Proclamation 10142.
            (3) Executive Order 13993.
            (4) Memorandum from Acting Secretary of the Department of 
        Homeland Security, issued January 20, 2021.
            (5) Memorandum on Deferred Action for Childhood Arrivals 
        (DACA) issued January 20, 2021.
            (6) Executive Order 14010.
            (7) Executive Order 14011.
            (8) Executive Order 14012.
            (9) Executive Order on Promoting Access to Voting, issued 
        March 7, 2021.

SEC. 13. RESCINDING DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) AND 
              DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY (DAPA).

    (a) In General.--The following executive memoranda are hereby 
rescinded:
            (1) Memorandum from the Department of Homeland Security 
        entitled ``Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children'', issued 
        June 15, 2012.
            (2) Memorandum from the Department of Homeland Security 
        entitled ``Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children and with 
        Respect to Certain Individuals Who Are the Parents of U.S. 
        Citizens or Permanent Residents'', issued November 20, 2014.

SEC. 14. PROHIBITION OF FINANCIAL AID TO MEXICO, CENTRAL AMERICAN, AND 
              SOUTH AMERICAN COUNTRIES.

    (a) In General.--Prohibition of Federal Disbursement of Funds to 
Certain Countries Whose Citizens Are Detained and Deported as 
Inadmissible Aliens under this Act:
            (1) None of the funds authorized to be appropriated in 
        fiscal year 2021 or any fiscal year thereafter shall be 
        disbursed to Mexico, or any Central American or South American 
        country, or political subdivision thereof, or any public or 
        private organization, or person therein residing, or business 
        therein incorporated, whose citizens--either naturalized or 
        conferred--are detained and removed as ``inadmissible aliens'' 
        under Sections 5, 6, or 7 of this Act following the enactment 
        of this Act.
                                 <all>