Title: A bill to provide deferred action for certain individuals brought to the United States and to establish a border security trust fund, and for other purposes.
Policy area: Immigration

Summary:
This bill directs the Department of Homeland Security (DHS) to establish a program for certain individuals without lawful immigration status to apply for deferred action status, and also appropriates $25 billion for border security.
Deferred action status refers to an unlawful alien whose deportation may be delayed because DHS, exercising its discretion, considers the case a low priority. Under the bill, an individual must meet certain criteria for eligibility, such as having been previously granted the status before this bill was enacted. The individual must also have been less than 31 years old on June 15, 2012, entered the United States before the age of 16, and not been convicted of a felony or significant misdemeanor, among other requirements.
The bill also establishes the Border Security Trust Fund with the appropriated $25 billion. The fund shall be available for the construction of not fewer than 700 miles of reinforced fencing, additional physical barriers, access and patrol roads, and other equipment and technology related to border security. DHS shall report to Congress annually on the status of the construction and the estimated number of unlawful border crossings.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 108 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 108

   To provide deferred action for certain individuals brought to the 
 United States and to establish a border security trust fund, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2019

Mr. Portman (for himself and Mr. Moran) introduced the following bill; 
  which was read twice and referred to the Committee on Appropriations

_______________________________________________________________________

                                 A BILL


 
   To provide deferred action for certain individuals brought to the 
 United States and to establish a border security trust fund, 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. DEFINITIONS.

    In this Act:
            (1) Eligible individual.--The term ``eligible individual'' 
        means an individual who meets the eligibility criteria 
        described in section 2(b).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 2. DEFERRED ACTION FOR CERTAIN CHILDHOOD ARRIVALS.

    (a) Program Authorized.--The Secretary shall establish a program 
through which an eligible individual may apply for deferred action 
status.
    (b) Eligibility Criteria.--An individual shall be eligible for 
deferred action status under the program established under subsection 
(a) if the individual--
            (1) on June 15, 2012, was under the age of 31 years;
            (2) entered the United States--
                    (A) on a date on which the alien was under the age 
                of 16 years; and
                    (B) without inspection or lawful status before June 
                15, 2012;
            (3) has continuously resided in the United States since 
        June 15, 2007;
            (4) was physically present in the United States--
                    (A) on June 15, 2012; and
                    (B) on the date on which the Secretary makes a 
                determination with respect to the eligibility of the 
                individual for deferred action status;
            (5)(A) is in school;
            (B) has--
                    (i) graduated from high school; or
                    (ii) obtained--
                            (I) a certificate of completion from a high 
                        school; or
                            (II) a general education development 
                        certificate; or
            (C) is--
                    (i) a member of the Armed Forces (as defined in 
                section 101(a) of title 10, United States Code), 
                including a member of the National Guard or Reserves; 
                or
                    (ii) a veteran, as defined in section 101 of title 
                38, United States Code, except that an individual 
                discharged other than honorably is excluded;
            (6) has not been convicted of--
                    (A) a felony;
                    (B) a significant misdemeanor; or
                    (C) 3 or more misdemeanor offenses;
            (7) does not pose a threat to national security or public 
        safety; and
            (8) was granted deferred action status before the date of 
        the enactment of this Act.
    (c) Period of Deferred Action Status.--
            (1) In general.--Subject to paragraph (2), deferred action 
        status granted under this section shall be valid for a period 
        of 2 years beginning on the date on which the Secretary grants 
        deferred action status to the eligible individual.
            (2) Renewal.--
                    (A) In general.--On application to the Secretary, 
                deferred action status granted under this section may 
                be renewed for additional 2-year periods.
                    (B) Renewal application.--Not more than 120 days 
                before the date on which the deferred action status of 
                an eligible individual expires, the eligible individual 
                may submit to the Secretary an application for renewal 
                of deferred action status.

SEC. 3. BORDER SECURITY TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the Border Security Trust 
Fund (in this section referred to as the ``Trust Fund''), consisting of 
amounts appropriated to the Trust Fund under subsection (b) and any 
amounts that may be credited to the Trust Fund under subsection (c).
    (b) Appropriation.--There is appropriated to the Trust Fund 
$25,000,000,000, to remain available until expended.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Trust Fund as is not required to meet 
        current withdrawals in interest-bearing obligations of the 
        United States or in obligations guaranteed as to both principal 
        and interest by the United States.
            (2) Interest and proceeds.--The interest on, and the 
        proceeds from the sale or redemption of, any obligations held 
        in the Trust Fund shall be credited to and form a part of the 
        Trust Fund.
    (d) Availability of Amounts.--Amounts in the Trust Fund shall be 
available to the Secretary without further appropriation, for--
            (1) construction of not fewer than 700 miles of reinforced 
        fencing, excluding vehicle barriers;
            (2) installation of additional physical barriers;
            (3) construction and maintenance of access and patrol 
        roads;
            (4) lighting;
            (5) an interlocking surveillance camera system;
            (6) remote sensors; and
            (7) the purchase from the Secretary of Defense of surplus 
        aircraft and unmanned aircraft systems.

SEC. 4. ANNUAL REPORT ON BORDER SECURITY.

    Not less frequently than once each fiscal year, the Secretary shall 
submit annually to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security of the 
House of Representatives a report that describes for the applicable 
fiscal year--
            (1) the status of the construction of fencing and security 
        improvements at United States borders; and
            (2) the estimated number of unlawful border crossings.
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