Border Security and Immigration Reform Act

Bill: 118-hr-10034
Sponsor: full_name: Rep. Duarte, John S. [R-CA-13]
Introduced: 2024-10-25
Policy area: Immigration
Latest action: action_date: 2024-12-17
text: Referred to the Subcommittee on Social Security.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 10034 IN THE HOUSE OF REPRESENTATIVES October 25, 2024 Mr. Duarte introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Homeland Security , Ways and Means , Foreign Affairs , and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To secure the border and reform the immigration laws, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Border Security and Immigration Reform Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Division A—Border Security Sec. 101. Definitions. Sec. 102. Border wall construction. Sec. 103. Strengthening the requirements for barriers along the southern border. Sec. 104. Border and port security technology investment plan. Sec. 105. Border security technology program management. Sec. 106. U.S. Customs and Border Protection technology upgrades. Sec. 107. U.S. Customs and Border Protection personnel. Sec. 108. Anti-Border Corruption Act reauthorization. Sec. 109. Establishment of workload staffing models for U.S. Border Patrol and Air and Marine Operations of CBP. Sec. 110. Operation Stonegarden. Sec. 111. Air and Marine Operations flight hours. Sec. 112. Border patrol strategic plan. Sec. 113. U.S. Customs and Border Protection spiritual readiness. Sec. 114. Restrictions on funding. Sec. 115. Collection of DNA and biometric information at the border. Sec. 116. Eradication of narcotic drugs and formulating effective new tools to address yearly losses of life; ensuring timely updates to U.S. Customs and Border Protection field manuals. Sec. 117. Publication by U.S. Customs and Border Protection of operational statistics. Sec. 118. Alien criminal background checks. Sec. 119. Prohibited identification documents at airport security checkpoints; notification to immigration agencies. Sec. 120. Prohibition against any COVID–19 vaccine mandate or adverse action against DHS employees. Sec. 121. CBP One app limitation. Sec. 122. Report on Mexican drug cartels. Sec. 123. GAO study on costs incurred by States to secure the southwest border. Sec. 124. Report by Inspector General of the Department of Homeland Security. Sec. 125. Offsetting authorizations of appropriations. Sec. 126. Report to Congress on foreign terrorist organizations. Sec. 127. Assessment by Inspector General of the Department of Homeland Security on the mitigation of unmanned aircraft systems at the southwest border. Division B—Immigration Enforcement and Foreign Affairs Title I—Asylum Reform and Border Protection Sec. 101. Safe third country. Sec. 102. Credible fear interviews. Sec. 103. Clarification of asylum eligibility. Sec. 104. Exceptions. Sec. 105. Employment authorization. Sec. 106. Asylum fees. Sec. 107. Rules for determining asylum eligibility. Sec. 108. Firm resettlement. Sec. 109. Notice concerning frivolous asylum applications. Sec. 110. Technical amendments. Sec. 111. Requirement for procedures relating to certain asylum applications. Title II—Border Safety and Migrant Protection Sec. 201. Inspection of applicants for admission. Sec. 202. Operational detention facilities. Title III—Preventing Uncontrolled Migration Flows in the Western Hemisphere Sec. 301. United States policy regarding Western Hemisphere cooperation on immigration and asylum. Sec. 302. Negotiations by Secretary of State. Sec. 303. Mandatory briefings on United States efforts to address the border crisis. Title IV—Ensuring United Families at the Border Sec. 401. Clarification of standards for family detention. Title V—Protection of Children Sec. 501. Findings. Sec. 502. Repatriation of unaccompanied alien children. Sec. 503. Special immigrant juvenile status for immigrants unable to reunite with either parent. Sec. 504. Rule of construction. Title VI—Visa Overstays Penalties Sec. 601. Expanded penalties for illegal entry or presence. Title VII—Immigration Parole Reform Sec. 701. Immigration parole reform. Sec. 702. Implementation. Sec. 703. Cause of action. Sec. 704. Severability. Title VIII—Dignity Program Sec. 801. Establishment. Sec. 802. Eligibility. Sec. 803. Registration; departure. Sec. 804. Program participation. Sec. 805. Completion. Division C—Agricultural Worker Program Title I—Program for Earned Status Adjustment of Agricultural Workers Sec. 101. Short title. Sec. 102. Blue card status. Sec. 103. Adjustment to permanent resident status. Sec. 104. Use of information. Sec. 105. Reports on blue cards. Sec. 106. Authorization of appropriations. Title II—Correction of Social Security records Sec. 201. Correction of Social Security records. Title III—Definitions Sec. 301. Definitions. Division D—SAVE Act Sec. 101. Short title. Sec. 102. Ensuring only citizens are registered to vote in elections for Federal office. Sec. 103. Election Assistance Commission guidance. Sec. 104. Inapplicability of Paperwork Reduction Act. Sec. 105. Duty of Secretary of Homeland Security to notify election officials of naturalization. Sec. 106. Rule of construction regarding provisional ballots. Sec. 107. Rule of construction regarding effect on State exemptions from other Federal laws. Sec. 108. Effective date. A Border Security 101. Definitions In this division: (1) CBP The term CBP means U.S. Customs and Border Protection. (2) Commissioner The term Commissioner means the Commissioner of U.S. Customs and Border Protection. (3) Department The term Department means the Department of Homeland Security. (4) Operational control The term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 ( Public Law 109–367 ; 8 U.S.C. 1701 note). (5) Secretary The term Secretary means the Secretary of Homeland Security. (6) Situational awareness The term situational awareness has the meaning given such term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 6 U.S.C. 223(a)(7) ). (7) Unmanned aircraft system The term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code. 102. Border wall construction (a) In general (1) Immediate resumption of border wall construction Not later than seven days after the date of the enactment of this Act, the Secretary shall resume all activities related to the construction of the border wall along the border between the United States and Mexico that were underway or being planned for prior to January 20, 2021. (2) Use of funds To carry out this section, the Secretary shall expend all unexpired funds appropriated or explicitly obligated for the construction of the border wall that were appropriated or obligated, as the case may be, for use beginning on October 1, 2019. (3) Use of materials Any unused materials purchased before the date of the enactment of this Act for construction of the border wall may be used for activities related to the construction of the border wall in accordance with paragraph (1). (b) Plan To complete tactical infrastructure and technology Not later than 90 days after the date of the enactment of this Act and annually thereafter until construction of the border wall has been completed, the Secretary shall submit to the appropriate congressional committees an implementation plan, including annual benchmarks for the construction of 200 miles of such wall and associated cost estimates for satisfying all requirements of the construction of the border wall, including installation and deployment of tactical infrastructure, technology, and other elements as identified by the Department prior to January 20, 2021, through the expenditure of funds appropriated or explicitly obligated, as the case may be, for use, as well as any future funds appropriated or otherwise made available by Congress. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate. (2) Tactical infrastructure The term tactical infrastructure includes boat ramps, access gates, checkpoints, lighting, and roads associated with a border wall. (3) Technology The term technology includes border surveillance and detection technology, including linear ground detection systems, associated with a border wall. 103. Strengthening the requirements for barriers along the southern 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— (1) by amending subsection (a) to read as follows: (a) In general 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, install, deploy, integrate, and operate physical barriers, tactical infrastructure, and technology in the vicinity of the southwest border to achieve situational awareness and operational control of the southwest border and deter, impede, and detect unlawful activity. ; (2) in subsection (b)— (A) in the subsection heading, by striking fencing and road improvements and inserting physical barriers ; (B) in paragraph (1)— (i) in the heading, by striking fencing and inserting barriers ; (ii) by amending subparagraph (A) to read as follows: (A) Reinforced barriers In carrying out this section, the Secretary of Homeland Security shall construct a border wall, including physical barriers, tactical infrastructure, and technology, along not fewer than 900 miles of the southwest border until situational awareness and operational control of the southwest border is achieved. ; (iii) by amending subparagraph (B) to read as follows: (B) Physical barriers and tactical infrastructure In carrying out this section, the Secretary of Homeland Security shall deploy along the southwest border the most practical and effective physical barriers, tactical infrastructure, and technology available for achieving situational awareness and operational control of the southwest border. ; (iv) in subparagraph (C)— (I) by amending clause (i) to read as follows: (i) In general In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, appropriate representatives of State, Tribal, and local governments, and appropriate private property owners in the United States to minimize the impact on natural resources, commerce, and sites of historical or cultural significance for the communities and residents located near the sites at which physical barriers, tactical infrastructure, and technology are to be constructed. Such consultation may not delay such construction for longer than seven days. ; and (II) in clause (ii)— (aa) in subclause (I), by striking or after the semicolon at the end; (bb) by amending subclause (II) to read as follows: (II) delay the transfer to the United States of the possession of property or affect the validity of any property acquisition by the United States by purchase or eminent domain, or to otherwise affect the eminent domain laws of the United States or of any State; or ; and (cc) by adding at the end the following new subclause: (III) create any right or liability for any party. ; and (v) by striking subparagraph (D); (C) in paragraph (2)— (i) by striking Attorney General and inserting Secretary of Homeland Security ; (ii) by striking this subsection and inserting this section ; and (iii) by striking construction of fences and inserting the construction of physical barriers, tactical infrastructure, and technology ; (D) by amending paragraph (3) to read as follows: (3) Agent safety In carrying out this section, the Secretary of Homeland Security, when designing, testing, constructing, installing, deploying, integrating, and operating physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, test, construction, installation, deployment, integration, or operation of such physical barriers, tactical infrastructure, or technology, as the case may be, that the Secretary determines are necessary to maximize the safety and effectiveness of officers and agents of the Department of Homeland Security or of any other Federal agency deployed in the vicinity of such physical barriers, tactical infrastructure, or technology. ; and (E) in paragraph (4), by striking this subsection and inserting this section ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall waive all legal requirements necessary to ensure the expeditious design, testing, construction, installation, deployment, integration, operation, and maintenance of the physical barriers, tactical infrastructure, and technology under this section. The Secretary shall ensure the maintenance and effectiveness of such physical barriers, tactical infrastructure, or technology. Any such action by the Secretary shall be effective upon publication in the Federal Register. ; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: (2) Notification Not later than seven days after the date on which the Secretary of Homeland Security exercises a waiver pursuant to paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of such waiver. ; and (4) by adding at the end the following new subsections: (e) Technology In carrying out this section, the Secretary of Homeland Security shall deploy along the southwest border the most practical and effective technology available for achieving situational awareness and operational control. (f) Definitions In this section: (1) Advanced unattended surveillance sensors The term advanced unattended surveillance sensors means sensors that utilize an onboard computer to analyze detections in an effort to discern between vehicles, humans, and animals, and ultimately filter false positives prior to transmission. (2) Operational control The term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 ( Public Law 109–367 ; 8 U.S.C. 1701 note). (3) Physical barriers The term physical barriers includes reinforced fencing, the border wall, and levee walls. (4) Situational awareness The term situational awareness has the meaning given such term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 6 U.S.C. 223(a)(7) ). (5) Tactical infrastructure The term tactical infrastructure includes boat ramps, access gates, checkpoints, lighting, and roads. (6) Technology The term technology includes border surveillance and detection technology, including the following: (A) Tower-based surveillance technology. (B) Deployable, lighter-than-air ground surveillance equipment. (C) Vehicle and Dismount Exploitation Radars (VADER). (D) 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology. (E) Advanced unattended surveillance sensors. (F) Mobile vehicle-mounted and man-portable surveillance capabilities. (G) Unmanned aircraft systems. (H) Tunnel detection systems and other seismic technology. (I) Fiber-optic cable. (J) Other border detection, communication, and surveillance technology. (7) Unmanned aircraft system The term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code. . 104. Border and port security technology investment plan (a) In general Not later than 180 days after the date of the enactment of this Act, the Commissioner, in consultation with covered officials and border and port security technology stakeholders, shall submit to the appropriate congressional committees a strategic 5-year technology investment plan (in this section referred to as the plan ). The plan may include a classified annex, if appropriate. (b) Contents of plan The plan shall include the following: (1) An analysis of security risks at and between ports of entry along the northern and southern borders of the United States. (2) An identification of capability gaps with respect to security at and between such ports of entry to be mitigated in order to— (A) prevent terrorists and instruments of terror from entering the United States; (B) combat and reduce cross-border criminal activity, including— (i) the transport of illegal goods, such as illicit drugs; and (ii) human smuggling and human trafficking; and (C) facilitate the flow of legal trade across the southwest border. (3) An analysis of current and forecast trends relating to the number of aliens who— (A) unlawfully entered the United States by crossing the northern or southern border of the United States; or (B) are unlawfully present in the United States. (4) A description of security-related technology acquisitions, to be listed in order of priority, to address the security risks and capability gaps analyzed and identified pursuant to paragraphs (1) and (2), respectively. (5) A description of each planned security-related technology program, including objectives, goals, and timelines for each such program. (6) An identification of each deployed security-related technology that is at or near the end of the life cycle of such technology. (7) A description of the test, evaluation, modeling, and simulation capabilities, including target methodologies, rationales, and timelines, necessary to support the acquisition of security-related technologies pursuant to paragraph (4). (8) An identification and assessment of ways to increase opportunities for communication and collaboration with the private sector, small and disadvantaged businesses, intragovernment entities, university centers of excellence, and Federal laboratories to ensure CBP is able to engage with the market for security-related technologies that are available to satisfy its mission needs before engaging in an acquisition of a security-related technology. (9) An assessment of the management of planned security-related technology programs by the acquisition workforce of CBP. (10) An identification of ways to leverage already-existing acquisition expertise within the Federal Government. (11) A description of the security resources, including information security resources, required to protect security-related technology from physical or cyber theft, diversion, sabotage, or attack. (12) A description of initiatives to— (A) streamline the acquisition process of CBP; and (B) provide to the private sector greater predictability and transparency with respect to such process, including information relating to the timeline for testing and evaluation of security-related technology. (13) An assessment of the privacy and security impact on border communities of security-related technology. (14) In the case of a new acquisition leading to the removal of equipment from a port of entry along the northern or southern border of the United States, a strategy to consult with the private sector and community stakeholders affected by such removal. (15) A strategy to consult with the private sector and community stakeholders with respect to security impacts at a port of entry described in paragraph (14). (16) An identification of recent technological advancements in the following: (A) Manned aircraft sensor, communication, and common operating picture technology. (B) Unmanned aerial systems and related technology, including counter-unmanned aerial system technology. (C) Surveillance technology, including the following: (i) Mobile surveillance vehicles. (ii) Associated electronics, including cameras, sensor technology, and radar. (iii) Tower-based surveillance technology. (iv) Advanced unattended surveillance sensors. (v) Deployable, lighter-than-air, ground surveillance equipment. (D) Nonintrusive inspection technology, including non-x-ray devices utilizing muon tomography and other advanced detection technology. (E) Tunnel detection technology. (F) Communications equipment, including the following: (i) Radios. (ii) Long-term evolution broadband. (iii) Miniature satellites. (c) Leveraging the private sector To the extent practicable, the plan shall— (1) leverage emerging technological capabilities, and research and development trends, within the public and private sectors; (2) incorporate input from the private sector, including from border and port security stakeholders, through requests for information, industry day events, and other innovative means consistent with the Federal Acquisition Regulation; and (3) identify security-related technologies that are in development or deployed, with or without adaptation, that may satisfy the mission needs of CBP. (d) Form To the extent practicable, the plan shall be published in unclassified form on the website of the Department. (e) Disclosure The plan shall include an identification of individuals not employed by the Federal Government, and their professional affiliations, who contributed to the development of the plan. (f) Update and report Not later than the date that is two years after the date on which the plan is submitted to the appropriate congressional committees pursuant to subsection (a) and biennially thereafter for ten years, the Commissioner shall submit to the appropriate congressional committees— (1) an update of the plan, if appropriate; and (2) a report that includes— (A) the extent to which each security-related technology acquired by CBP since the initial submission of the plan or most recent update of the plan, as the case may be, is consistent with the planned technology programs and projects described pursuant to subsection (b)(5); and (B) the type of contract and the reason for acquiring each such security-related technology. (g) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate. (2) Covered officials The term covered officials means— (A) the Under Secretary for Management of the Department; (B) the Under Secretary for Science and Technology of the Department; and (C) the Chief Information Officer of the Department. (3) Unlawfully present The term unlawfully present has the meaning provided such term in section 212(a)(9)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B)(ii) ). 105. Border security technology program management (a) In general Subtitle C of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq. ) is amended by adding at the end the following new section: 437. Border security technology program management (a) Major acquisition program defined In this section, the term major acquisition program means an acquisition program of the Department that is estimated by the Secretary to require an eventual total expenditure of at least $100,000,000 (based on fiscal year 2023 constant dollars) over its life-cycle cost. (b) Planning documentation For each border security technology acquisition program of the Department that is determined to be a major acquisition program, the Secretary shall— (1) ensure that each such program has a written acquisition program baseline approved by the relevant acquisition decision authority; (2) document that each such program is satisfying cost, schedule, and performance thresholds as specified in such baseline, in compliance with relevant departmental acquisition policies and the Federal Acquisition Regulation; and (3) have a plan for satisfying program implementation objectives by managing contractor performance. (c) Adherence to standards The Secretary, acting through the Under Secretary for Management and the Commissioner of U.S. Customs and Border Protection, shall ensure border security technology acquisition program managers who are responsible for carrying out this section adhere to relevant internal control standards identified by the Comptroller General of the United States. The Commissioner shall provide information, as needed, to assist the Under Secretary in monitoring management of border security technology acquisition programs under this section. (d) Plan The Secretary, acting through the Under Secretary for Management, in coordination with the Under Secretary for Science and Technology and the Commissioner of U.S. Customs and Border Protection, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for testing, evaluating, and using independent verification and validation of resources relating to the proposed acquisition of border security technology. Under such plan, the proposed acquisition of new border security technologies shall be evaluated through a series of assessments, processes, and audits to ensure— (1) compliance with relevant departmental acquisition policies and the Federal Acquisition Regulation; and (2) the effective use of taxpayer dollars. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following new item: Sec. 437. Border security technology program management. . (c) Prohibition on additional authorization of appropriations No additional funds are authorized to be appropriated to carry out section 437 of the Homeland Security Act of 2002, as added by subsection (a). 106. U.S. Customs and Border Protection technology upgrades (a) Secure communications The Commissioner shall ensure that each CBP officer or agent, as appropriate, is equipped with a secure radio or other two-way communication device that allows each such officer or agent to communicate— (1) between ports of entry and inspection stations; and (2) with other Federal, State, Tribal, and local law enforcement entities. (b) Border Security Deployment Program (1) Expansion Not later than September 30, 2025, the Commissioner shall— (A) fully implement the Border Security Deployment Program of CBP; and (B) expand the integrated surveillance and intrusion detection system at land ports of entry along the northern and southern borders of the United States. (2) Authorization of appropriations In addition to amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $33,000,000 for fiscal years 2024 and 2025 to carry out paragraph (1). (c) Upgrade of license plate readers at ports of entry (1) Upgrade Not later than two years after the date of the enactment of this Act, the Commissioner shall upgrade all existing license plate readers in need of upgrade, as determined by the Commissioner, on the northern and southern borders of the United States. (2) Authorization of appropriations In addition to amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $125,000,000 for fiscal years 2025 and 2026 to carry out paragraph (1). 107. U.S. Customs and Border Protection personnel (a) Retention bonus To carry out this section, there is authorized to be appropriated up to $100,000,000 to the Commissioner to provide a retention bonus to any front-line U.S. Border Patrol law enforcement agent— (1) whose position is equal to or below level GS–12 of the General Schedule; (2) who has five years or more of service with the U.S. Border Patrol; and (3) who commits to two years of additional service with the U.S. Border Patrol upon acceptance of such bonus. (b) Border Patrol agents Not later than September 30, 2025, the Commissioner shall hire, train, and assign a sufficient number of Border Patrol agents to maintain an active duty presence of not fewer than 22,000 full-time equivalent Border Patrol agents, who may not perform the duties of processing coordinators. (c) Prohibition against alien travel No personnel or equipment of Air and Marine Operations may be used for the transportation of non-detained aliens, or detained aliens expected to be administratively released upon arrival, from the southwest border to destinations within the United States. (d) GAO report If the staffing level required under this section is not achieved by the date associated with such level, the Comptroller General of the United States shall— (1) conduct a review of the reasons why such level was not so achieved; and (2) not later than September 30, 2027, publish on a publicly available website of the Government Accountability Office a report relating thereto. 108. Anti-Border Corruption Act reauthorization (a) Hiring flexibility Section 3 of the Anti-Border Corruption Act of 2010 ( 6 U.S.C. 221 ; Public Law 111–376 ) is amended by striking subsection (b) and inserting the following new subsections: (b) Waiver requirement Subject to subsection (c), the Commissioner of U.S. Customs and Border Protection shall waive the application of subsection (a)(1)— (1) to a current, full-time law enforcement officer employed by a State or local law enforcement agency who— (A) has continuously served as a law enforcement officer for not fewer than three years; (B) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers for arrest or apprehension; and (C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; (2) to a current, full-time Federal law enforcement officer who— (A) has continuously served as a law enforcement officer for not fewer than three years; (B) is authorized to make arrests, conduct investigations, conduct searches, make seizures, carry firearms, and serve orders, warrants, and other processes; (C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and (D) holds a current Tier 4 background investigation or current Tier 5 background investigation; or (3) to a member of the Armed Forces (or a reserve component thereof) or a veteran, if such individual— (A) has served in the Armed Forces for not fewer than three years; (B) holds, or has held within the past five years, a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance; (C) holds, or has undergone within the past five years, a current Tier 4 background investigation or current Tier 5 background investigation; (D) received, or is eligible to receive, an honorable discharge from service in the Armed Forces and has not engaged in criminal activity or committed a serious military or civil offense under the Uniform Code of Military Justice; and (E) was not granted any waivers to obtain the clearance referred to in subparagraph (B). (c) Termination of waiver requirement; snap-Back The requirement to issue a waiver under subsection (b) shall terminate if the Commissioner of U.S. Customs and Border Protection (CBP) certifies to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that CBP has met all requirements pursuant to section 107 of the Border Security and Immigration Reform Act relating to personnel levels. If at any time after such certification personnel levels fall below such requirements, the Commissioner shall waive the application of subsection (a)(1) until such time as the Commissioner re-certifies to such Committees that CBP has so met all such requirements. . (b) Supplemental Commissioner authority; reporting; definitions The Anti-Border Corruption Act of 2010 is amended by adding at the end the following new sections: 5. Supplemental Commissioner authority (a) Nonexemption An individual who receives a waiver under section 3(b) is not exempt from any other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection. (b) Background investigations An individual who receives a waiver under section 3(b) who holds a current Tier 4 background investigation shall be subject to a Tier 5 background investigation. (c) Administration of polygraph examination The Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under section 3(b) if information is discovered before the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be. 6. Reporting (a) Annual report Not later than one year after the date of the enactment of this section and annually thereafter while the waiver authority under section 3(b) is in effect, the Commissioner of U.S. Customs and Border Protection shall submit to Congress a report that includes, with respect to each such reporting period, the following: (1) Information relating to the number of waivers granted under such section 3(b). (2) Information relating to the percentage of applicants who were hired after receiving such a waiver. (3) Information relating to the number of instances that a polygraph was administered to an applicant who initially received such a waiver and the results of such polygraph. (4) An assessment of the current impact of such waiver authority on filling law enforcement positions at U.S. Customs and Border Protection. (5) An identification of additional authorities needed by U.S. Customs and Border Protection to better utilize such waiver authority for its intended goals. (b) Additional information The first report submitted under subsection (a) shall include the following: (1) An analysis of other methods of employment suitability tests that detect deception and could be used in conjunction with traditional background investigations to evaluate potential applicants or employees for suitability for employment or continued employment, as the case may be. (2) A recommendation regarding whether a test referred to in paragraph (1) should be adopted by U.S. Customs and Border Protection when the polygraph examination requirement is waived pursuant to section 3(b). 7. Definitions In this Act: (1) Federal law enforcement officer The term Federal law enforcement officer means a law enforcement officer , as such term is defined in section 8331(20) or 8401(17) of title 5, United States Code. (2) Serious military or civil offense The term serious military or civil offense means an offense for which— (A) a member of the Armed Forces may be discharged or separated from service in the Armed Forces; and (B) a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Court-Martial, as pursuant to Army Regulation 635–200, chapter 14–12. (3) Tier 4; Tier 5 The terms Tier 4 and Tier 5 , with respect to background investigations, have the meaning given such terms under the 2012 Federal Investigative Standards. (4) Veteran The term veteran has the meaning given such term in section 101(2) of title 38, United States Code. . (c) Polygraph examiners Not later than September 30, 2025, the Secretary shall increase to not fewer than 150 the number of trained full-time equivalent polygraph examiners for administering polygraphs under the Anti-Border Corruption Act of 2010, as amended by this section. 109. Establishment of workload staffing models for U.S. Border Patrol and Air and Marine Operations of CBP (a) In general Not later than one year after the date of the enactment of this Act, the Commissioner, in coordination with the Under Secretary for Management, the Chief Human Capital Officer, and the Chief Financial Officer of the Department, shall implement a workload staffing model for each of the following: (1) The U.S. Border Patrol. (2) Air and Marine Operations of CBP. (b) Responsibilities of the Commissioner Subsection (c) of section 411 of the Homeland Security Act of 2002 ( 6 U.S.C. 211 ), is amended— (1) by redesignating paragraphs (18) and (19) as paragraphs (20) and (21), respectively; and (2) by inserting after paragraph (17) the following new paragraphs: (18) implement a staffing model for the U.S. Border Patrol, Air and Marine Operations, and the Office of Field Operations that includes consideration for essential frontline operator activities and functions, variations in operating environments, present and planned infrastructure, present and planned technology, and required operations support levels to enable such entities to manage and assign personnel of such entities to ensure field and support posts possess adequate resources to carry out duties specified in this section; (19) develop standard operating procedures for a workforce tracking system within the U.S. Border Patrol, Air and Marine Operations, and the Office of Field Operations, train the workforce of each of such entities on the use, capabilities, and purpose of such system, and implement internal controls to ensure timely and accurate scheduling and reporting of actual completed work hours and activities; . (c) Report (1) In general Not later than one year after the date of the enactment of this Act with respect to subsection (a) and paragraphs (18) and (19) of section 411(c) of the Homeland Security Act of 2002 (as amended by subsection (b)), and annually thereafter with respect to such paragraphs (18) and (19), the Secretary shall submit to the appropriate congressional committees a report that includes a status update on the following: (A) The implementation of such subsection (a) and such paragraphs (18) and (19). (B) Each relevant workload staffing model. (2) Data sources and methodology required Each report required under paragraph (1) shall include information relating to the data sources and methodology used to generate each relevant staffing model. (d) Inspector General review Not later than 90 days after the Commissioner develops the workload staffing models pursuant to subsection (a), the Inspector General of the Department shall review such models and provide feedback to the Secretary and the appropriate congressional committees with respect to the degree to which such models are responsive to the recommendations of the Inspector General, including the following: (1) Recommendations from the Inspector General’s February 2019 audit. (2) Any further recommendations to improve such models. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Homeland Security of the House of Representatives; and (2) the Committee on Homeland Security and Governmental Affairs of the Senate. 110. Operation Stonegarden (a) In general Subtitle A of title XX of the Homeland Security Act of 2002 ( 6 U.S.C. 601 et seq. ) is amended by adding at the end the following new section: 2010. Operation Stonegarden (a) Establishment There is established in the Department a program to be known as Operation Stonegarden , under which the Secretary, acting through the Administrator, shall make grants to eligible law enforcement agencies, through State administrative agencies, to enhance border security in accordance with this section. (b) Eligible recipients To be eligible to receive a grant under this section, a law enforcement agency shall— (1) be located in— (A) a State bordering Canada or Mexico; or (B) a State or territory with a maritime border; (2) be involved in an active, ongoing, U.S. Customs and Border Protection operation coordinated through a U.S. Border Patrol sector office; and (3) have an agreement in place with U.S. Immigration and Customs Enforcement to support enforcement operations. (c) Permitted uses A recipient of a grant under this section may use such grant for costs associated with the following: (1) Equipment, including maintenance and sustainment. (2) Personnel, including overtime and backfill, in support of enhanced border law enforcement activities. (3) Any activity permitted for Operation Stonegarden under the most recent fiscal year Department of Homeland Security’s Homeland Security Grant Program Notice of Funding Opportunity. (d) Period of performance The Secretary shall award grants under this section to grant recipients for a period of not fewer than 36 months. (e) Notification Upon denial of a grant to a law enforcement agency, the Administrator shall provide written notice to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, including the reasoning for such denial. (f) Report For each of fiscal years 2024 through 2028 the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains— (1) information on the expenditure of grants made under this section by each grant recipient; and (2) recommendations for other uses of such grants to further support eligible law enforcement agencies. (g) Authorization of appropriations There is authorized to be appropriated $110,000,000 for each of fiscal years 2024 through 2028 for grants under this section. . (b) Conforming amendment Subsection (a) of section 2002 of the Homeland Security Act of 2002 ( 6 U.S.C. 603 ) is amended to read as follows: (a) Grants authorized The Secretary, through the Administrator, may award grants under sections 2003, 2004, 2009, and 2010 to State, local, and Tribal governments, as appropriate. . (c) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2009 the following new item: Sec. 2010. Operation Stonegarden. . 111. Air and Marine Operations flight hours (a) Air and marine operations flight hours Not later than 120 days after the date of the enactment of this Act, the Secretary shall ensure that not fewer than 110,000 annual flight hours are carried out by Air and Marine Operations of CBP. (b) Unmanned aircraft systems The Secretary, after coordination with the Administrator of the Federal Aviation Administration, shall ensure that Air and Marine Operations operate unmanned aircraft systems on the southern border of the United States for not less than 24 hours per day. (c) Primary missions The Commissioner shall ensure the following: (1) The primary missions for Air and Marine Operations are to directly support the following: (A) U.S. Border Patrol activities along the borders of the United States. (B) Joint Interagency Task Force South and Joint Task Force East operations in the transit zone. (2) The Executive Assistant Commissioner of Air and Marine Operations assigns the greatest priority to support missions specified in paragraph (1). (d) High demand flight hour requirements The Commissioner shall— (1) ensure that U.S. Border Patrol Sector Chiefs identify air support mission-critical hours; and (2) direct Air and Marine Operations to support requests from such Sector Chiefs as a component of the primary mission of Air and Marine Operations in accordance with subsection (c)(1)(A). (e) Contract air support authorizations The Commissioner shall contract for air support mission-critical hours to meet the requests for such hours, as identified pursuant to subsection (d). (f) Small unmanned aircraft systems (1) In general The Chief of the U.S. Border Patrol shall be the executive agent with respect to the use of small unmanned aircraft by CBP for the purposes of the following: (A) Meeting the unmet flight hour operational requirements of the U.S. Border Patrol. (B) Achieving situational awareness and operational control of the borders of the United States. (2) Coordination In carrying out paragraph (1), the Chief of the U.S. Border Patrol shall coordinate— (A) flight operations with the Administrator of the Federal Aviation Administration to ensure the safe and efficient operation of the national airspace system; and (B) with the Executive Assistant Commissioner for Air and Marine Operations of CBP to— (i) ensure the safety of other CBP aircraft flying in the vicinity of small unmanned aircraft operated by the U.S. Border Patrol; and (ii) establish a process to include data from flight hours in the calculation of got away statistics. (3) Conforming amendment Paragraph (3) of section 411(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(e) ) is amended— (A) in subparagraph (B), by striking and after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: (C) carry out the small unmanned aircraft (as such term is defined in section 44801 of title 49, United States Code) requirements pursuant to subsection (f) of section 111 of the Border Security and Immigration Reform Act; and . (g) Savings clause Nothing in this section may be construed as conferring, transferring, or delegating to the Secretary, the Commissioner, the Executive Assistant Commissioner for Air and Marine Operations of CBP, or the Chief of the U.S. Border Patrol any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration relating to the use of airspace or aviation safety. (h) Definitions In this section: (1) Got away The term got away has the meaning given such term in section 1092(a)(3) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 6 U.S.C. 223(a)(3) ). (2) Transit zone The term transit zone has the meaning given such term in section 1092(a)(8) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 6 U.S.C. 223(a)(8) ). 112. Border patrol strategic plan (a) In general Not later than one year after the date of the enactment of this Act and biennially thereafter, the Commissioner, acting through the Chief of the U.S. Border Patrol, shall issue a Border Patrol Strategic Plan (referred to in this section as the plan ) to enhance the security of the borders of the United States. (b) Elements The plan shall include the following: (1) A consideration of Border Patrol Capability Gap Analysis reporting, Border Security Improvement Plans, and any other strategic document authored by the U.S. Border Patrol to address security gaps between ports of entry, including efforts to mitigate threats identified in such analyses, plans, and documents. (2) Information relating to the dissemination of information relating to border security or border threats with respect to the efforts of the Department and other appropriate Federal agencies. (3) Information relating to efforts by U.S. Border Patrol to— (A) increase situational awareness, including— (i) surveillance capabilities, such as capabilities developed or utilized by the Department of Defense, and any appropriate technology determined to be excess by the Department of Defense; and (ii) the use of manned aircraft and unmanned aircraft; (B) detect and prevent terrorists and instruments of terrorism from entering the United States; (C) detect, interdict, and disrupt between ports of entry aliens unlawfully present in the United States; (D) detect, interdict, and disrupt human smuggling, human trafficking, drug trafficking, and other illicit cross-border activity; (E) focus intelligence collection to disrupt transnational criminal organizations outside of the international and maritime borders of the United States; and (F) ensure that any new border security technology can be operationally integrated with existing technologies in use by the Department. (4) Information relating to initiatives of the Department with respect to operational coordination, including any relevant task forces of the Department. (5) Information gathered from the lessons learned by the deployments of the National Guard to the southern border of the United States. (6) A description of cooperative agreements relating to information sharing with State, local, Tribal, territorial, and other Federal law enforcement agencies that have jurisdiction on the borders of the United States. (7) Information relating to border security information received from the following: (A) State, local, Tribal, territorial, and other Federal law enforcement agencies that have jurisdiction on the borders of the United States or in the maritime environment. (B) Border community stakeholders, including representatives from the following: (i) Border agricultural and ranching organizations. (ii) Business and civic organizations. (iii) Hospitals and rural clinics within 150 miles of the borders of the United States. (iv) Victims of crime committed by aliens unlawfully present in the United States. (v) Victims impacted by drugs, transnational criminal organizations, cartels, gangs, or other criminal activity. (vi) Farmers, ranchers, and property owners along the border. (vii) Other individuals negatively impacted by illegal immigration. (8) Information relating to the staffing requirements with respect to border security for the Department. (9) A prioritized list of Department research and development objectives to enhance the security of the borders of the United States. (10) An assessment of training programs, including such programs relating to the following: (A) Identifying and detecting fraudulent documents. (B) Understanding the scope of CBP enforcement authorities and appropriate use of force policies. (C) Screening, identifying, and addressing vulnerable populations, such as children and victims of human trafficking. 113. U.S. Customs and Border Protection spiritual readiness Not later than one year after the enactment of this Act and annually thereafter for five years, the Commissioner shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the availability and usage of the assistance of chaplains, prayer groups, houses of worship, and other spiritual resources for members of CBP who identify as religiously affiliated and have attempted suicide, have suicidal ideation, or are at risk of suicide, and metrics on the impact such resources have in assisting religiously affiliated members who have access to and utilize such resources compared to religiously affiliated members who do not. 114. Restrictions on funding (a) Arriving aliens No funds are authorized to be appropriated to the Department to process the entry into the United States of aliens arriving in between ports of entry. (b) Restriction on nongovernmental organization support for unlawful activity No funds are authorized to be appropriated to the Department for disbursement to any nongovernmental organization that facilitates or encourages unlawful activity, including unlawful entry, human trafficking, human smuggling, drug trafficking, and drug smuggling. (c) Restriction on nongovernmental organization facilitation of illegal immigration No funds are authorized to be appropriated to the Department for disbursement to any nongovernmental organization to provide, or facilitate the provision of, transportation, lodging, or immigration legal services to inadmissible aliens who enter the United States after the date of the enactment of this Act. 115. Collection of DNA and biometric information at the border Not later than 14 days after the date of the enactment of this Act, the Secretary shall ensure and certify to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that CBP is fully compliant with Federal DNA and biometric collection requirements at United States land borders. 116. Eradication of narcotic drugs and formulating effective new tools to address yearly losses of life; ensuring timely updates to U.S. Customs and Border Protection field manuals (a) In general Not later than 90 days after the date of the enactment of this Act, and not less frequently than triennially thereafter, the Commissioner of U.S. Customs and Border Protection shall review and update, as necessary, the current policies and manuals of the Office of Field Operations related to inspections at ports of entry, and the U.S. Border Patrol related to inspections between ports of entry, to ensure the uniform implementation of inspection practices that will effectively respond to technological and methodological changes designed to disguise unlawful activity, such as the smuggling of drugs and humans, along the border. (b) Reporting requirement Not later than 90 days after each update required under subsection (a), the Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that summarizes any policy and manual changes pursuant to subsection (a). 117. Publication by U.S. Customs and Border Protection of operational statistics (a) In general Not later than the seventh day of each month beginning with the second full month after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall publish on a publicly available website of the Department of Homeland Security information relating to the total number of alien encounters and nationalities, unique alien encounters and nationalities, gang affiliated apprehensions and nationalities, drug seizures, alien encounters included in the terrorist screening database and nationalities, arrests of criminal aliens or individuals wanted by law enforcement and nationalities, known got aways, encounters with deceased aliens, and all other related or associated statistics recorded by U.S. Customs and Border Protection during the immediately preceding month. Each such publication shall include the following: (1) The aggregate such number, and such number disaggregated by geographic regions, of such recordings and encounters, including specifications relating to whether such recordings and encounters were at the southwest, northern, or maritime border. (2) An identification of the Office of Field Operations field office, U.S. Border Patrol sector, or Air and Marine Operations branch making each recording or encounter. (3) Information relating to whether each recording or encounter of an alien was of a single adult, an unaccompanied alien child, or an individual in a family unit. (4) Information relating to the processing disposition of each alien recording or encounter. (5) Information relating to the nationality of each alien who is the subject of each recording or encounter. (6) The total number of individuals included in the terrorist screening database (as such term is defined in section 2101 of the Homeland Security Act of 2002 ( 6 U.S.C. 621 )) who have repeatedly attempted to cross unlawfully into the United States. (7) The total number of individuals included in the terrorist screening database who have been apprehended, including information relating to whether such individuals were released into the United States or removed. (b) Exceptions If the Commissioner of U.S. Customs and Border Protection in any month does not publish the information required under subsection (a), or does not publish such information by the date specified in such subsection, the Commissioner shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the reason relating thereto, as the case may be, by not later than the date that is two business days after the tenth day of such month. (c) Definitions In this section: (1) Alien encounters The term alien encounters means aliens apprehended, determined inadmissible, or processed for removal by U.S. Customs and Border Protection. (2) Got away The term got away has the meaning given such term in section 1092(a) of the National Defense Authorization Act for Fiscal Year 2017 ( 6 U.S.C. 223(a) ). (3) Terrorist screening database The term terrorist screening database has the meaning given such term in section 2101 of the Homeland Security Act of 2002 ( 6 U.S.C. 621 ). (4) Unaccompanied alien child The term unaccompanied alien child has the meaning given such term in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). 118. Alien criminal background checks (a) In general Not later than seven days after the date of the enactment of this Act, the Commissioner shall certify to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate that CBP has real-time access to the criminal history databases of all countries of origin and transit for aliens encountered by CBP to perform criminal history background checks for such aliens. (b) Standards The certification required under subsection (a) shall also include a determination whether the criminal history databases of a country are accurate, up to date, digitized, searchable, and otherwise meet the standards of the Federal Bureau of Investigation for criminal history databases maintained by State and local governments. (c) Certification The Secretary shall annually submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a certification that each database referred to in subsection (b) which the Secretary accessed or sought to access pursuant to this section met the standards described in subsection (b). 119. Prohibited identification documents at airport security checkpoints; notification to immigration agencies (a) In general The Administrator may not accept as valid proof of identification a prohibited identification document at an airport security checkpoint. (b) Notification to immigration agencies If an individual presents a prohibited identification document to an officer of the Transportation Security Administration at an airport security checkpoint, the Administrator shall promptly notify the Director of U.S. Immigration and Customs Enforcement, the Director of U.S. Customs and Border Protection, and the head of the appropriate local law enforcement agency to determine whether the individual is in violation of any term of release from the custody of any such agency. (c) Entry into sterile areas (1) In general Except as provided in paragraph (2), if an individual is found to be in violation of any term of release under subsection (b), the Administrator may not permit such individual to enter a sterile area. (2) Exception An individual presenting a prohibited identification document under this section may enter a sterile area if the individual— (A) is leaving the United States for the purposes of removal or deportation; or (B) presents a covered identification document. (d) Collection of biometric information from certain individuals seeking entry into the sterile area of an airport Beginning not later than 120 days after the date of the enactment of this Act, the Administrator shall collect biometric information from an individual described in subsection (e) prior to authorizing such individual to enter into a sterile area. (e) Individual described An individual described in this subsection is an individual who— (1) is seeking entry into the sterile area of an airport; (2) does not present a covered identification document; and (3) the Administrator cannot verify is a national of the United States. (f) Participation in IDENT Beginning not later than 120 days after the date of the enactment of this Act, the Administrator, in coordination with the Secretary, shall submit biometric data collected under this section to the Automated Biometric Identification System (IDENT). (g) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Transportation Security Administration. (2) Biometric information The term biometric information means any of the following: (A) A fingerprint. (B) A palm print. (C) A photograph, including— (i) a photograph of an individual’s face for use with facial recognition technology; and (ii) a photograph of any physical or anatomical feature, such as a scar, skin mark, or tattoo. (D) A signature. (E) A voice print. (F) An iris image. (3) Covered identification document The term covered identification document means any of the following, if the document is valid and unexpired: (A) A United States passport or passport card. (B) A biometrically secure card issued by a trusted traveler program of the Department of Homeland Security, including— (i) Global Entry; (ii) Nexus; (iii) Secure Electronic Network for Travelers Rapid Inspection (SENTRI); and (iv) Free and Secure Trade (FAST). (C) An identification card issued by the Department of Defense, including such a card issued to a dependent. (D) Any document required for admission to the United States under section 211(a) of the Immigration and Nationality Act ( 8 U.S.C. 1181(a) ). (E) An enhanced driver’s license issued by a State. (F) A photo identification card issued by a federally recognized Indian Tribe. (G) A personal identity verification credential issued in accordance with Homeland Security Presidential Directive 12. (H) A driver’s license issued by a province of Canada. (I) A Secure Certificate of Indian Status issued by the Government of Canada. (J) A Transportation Worker Identification Credential. (K) A Merchant Mariner Credential issued by the Coast Guard. (L) A Veteran Health Identification Card issued by the Department of Veterans Affairs. (M) Any other document the Administrator determines, pursuant to a rule making in accordance with section 553 of title 5, United States Code, will satisfy the identity verification procedures of the Transportation Security Administration. (4) Immigration laws The term immigration laws has the meaning given that term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (5) Prohibited identification document The term prohibited identification document means any of the following (or any applicable successor form): (A) U.S. Immigration and Customs Enforcement Form I–200, Warrant for Arrest of Alien. (B) U.S. Immigration and Customs Enforcement Form I–205, Warrant of Removal/Deportation. (C) U.S. Immigration and Customs Enforcement Form I–220A, Order of Release on Recognizance. (D) U.S. Immigration and Customs Enforcement Form I–220B, Order of Supervision. (E) Department of Homeland Security Form I–862, Notice to Appear. (F) U.S. Customs and Border Protection Form I–94, Arrival/Departure Record (including a print-out of an electronic record). (G) Department of Homeland Security Form I–385, Notice to Report. (H) Any document that directs an individual to report to the Department of Homeland Security. (I) Any Department of Homeland Security work authorization or employment verification document. (6) Sterile area The term sterile area has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation. 120. Prohibition against any COVID–19 vaccine mandate or adverse action against DHS employees (a) Limitation on imposition of new mandate The Secretary may not issue any COVID–19 vaccine mandate unless Congress expressly authorizes such a mandate. (b) Prohibition on adverse action The Secretary may not take any adverse action against a Department employee based solely on the refusal of such employee to receive a vaccine for COVID–19. (c) Report Not later than 90 days after the date of the enactment of this Act, the Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the following: (1) The number of Department employees who were terminated or resigned due to the COVID–19 vaccine mandate. (2) An estimate of the cost to reinstate such employees. (3) How the Department would effectuate reinstatement of such employees. (d) Retention and development of unvaccinated employees The Secretary shall make every effort to retain Department employees who are not vaccinated against COVID–19 and provide such employees with professional development, promotion and leadership opportunities, and consideration equal to that of their peers. 121. CBP One app limitation (a) Limitation The Department may use the CBP One Mobile Application or any other similar program, application, internet-based portal, website, device, or initiative only for inspection of perishable cargo. (b) Report Not later than 60 days after the date of the enactment of this Act, the Commissioner shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the date on which CBP began using CBP One to allow aliens to schedule interviews at land ports of entry, how many aliens have scheduled interviews at land ports of entry using CBP One, the nationalities of such aliens, and the stated final destinations of such aliens within the United States, if any. 122. Report on Mexican drug cartels Not later than 60 days after the date of the enactment of this Act, Congress shall commission a report that contains the following: (1) A national strategy to address Mexican drug cartels, and a determination regarding whether there should be a designation established to address such cartels. (2) Information relating to actions by such cartels that causes harm to the United States. 123. GAO study on costs incurred by States to secure the southwest border (a) In general Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to examine the costs incurred by individual States as a result of actions taken by such States in support of the Federal mission to secure the southwest border, and the feasibility of a program to reimburse such States for such costs. (b) Contents The study required under subsection (a) shall include consideration of the following: (1) Actions taken by the Department of Homeland Security that have contributed to costs described in such subsection incurred by States to secure the border in the absence of Federal action, including the termination of the Migrant Protection Protocols and cancellation of border wall construction. (2) Actions taken by individual States along the southwest border to secure their borders, and the costs associated with such actions. (3) The feasibility of a program within the Department of Homeland Security to reimburse States for the costs incurred in support of the Federal mission to secure the southwest border. 124. Report by Inspector General of the Department of Homeland Security (a) Report Not later than one year after the date of the enactment of this Act and annually thereafter for five years, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report examining the economic and security impact of mass migration to municipalities and States along the southwest border. Such report shall include information regarding costs incurred by the following: (1) State and local law enforcement to secure the southwest border. (2) Public school districts to educate students who are aliens unlawfully present in the United States. (3) Healthcare providers to provide care to aliens unlawfully present in the United States who have not paid for such care. (4) Farmers and ranchers due to migration impacts to their properties. (b) Consultation To produce the report required under subsection (a), the Inspector General of the Department of Homeland Security shall consult with the individuals and representatives of the entities described in paragraphs (1) through (4) of such subsection. 125. Offsetting authorizations of appropriations (a) Office of the Secretary and Emergency Management No funds are authorized to be appropriated for the Alternatives to Detention Case Management Pilot Program or the Office of the Immigration Detention Ombudsman for the Office of the Secretary and Emergency Management of the Department of Homeland Security. (b) Management Directorate No funds are authorized to be appropriated for electric vehicles or St. Elizabeths campus construction for the Management Directorate of the Department of Homeland Security. (c) Intelligence, Analysis, and Situational Awareness There is authorized to be appropriated $216,000,000 for Intelligence, Analysis, and Situational Awareness of the Department of Homeland Security. (d) U.S. Customs and Border Protection No funds are authorized to be appropriated for the Shelter Services Program for U.S. Customs and Border Protection. 126. Report to Congress on foreign terrorist organizations (a) In general Not later than 90 days after the date of the enactment of this Act and annually thereafter for five years, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of foreign terrorist organizations attempting to move their members or affiliates into the United States through the southern, northern, or maritime border. (b) Definition In this section, the term foreign terrorist organization means an organization described in section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). 127. Assessment by Inspector General of the Department of Homeland Security on the mitigation of unmanned aircraft systems at the southwest border Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of U.S. Customs and Border Protection’s ability to mitigate unmanned aircraft systems at the southwest border. Such assessment shall include information regarding any intervention between January 1, 2021, and the date of the enactment of this Act, by any Federal agency affecting in any manner U.S. Customs and Border Protection’s authority to so mitigate such systems. B Immigration Enforcement and Foreign Affairs I Asylum Reform and Border Protection 101. Safe third country Section 208(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(A) ) is amended— (1) by striking if the Attorney General determines and inserting if the Attorney General or the Secretary of Homeland Security determines— ; (2) by striking that the alien may be removed and inserting the following: (i) that the alien may be removed ; (3) by striking , pursuant to a bilateral or multilateral agreement, to and inserting to ; (4) by inserting or the Secretary, on a case by case basis, before finds that ; (5) by striking the period at the end and inserting ; or ; and (6) by adding at the end the following: (ii) that the alien entered, attempted to enter, or arrived in the United States after transiting through at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence en route to the United States, unless— (I) the alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States, and the alien received a final judgment denying the alien protection in each country; (II) the alien demonstrates that he or she was a victim of a severe form of trafficking in which a commercial sex act was induced by force, fraud, or coercion, or in which the person induced to perform such act was under the age of 18 years; or in which the trafficking included the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery, and was unable to apply for protection from persecution in each country through which the alien transited en route to the United States as a result of such severe form of trafficking; or (III) the only countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. . 102. Credible fear interviews Section 235(b)(1)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(v) ) is amended by striking there is a significant possibility and all that follows, and inserting , taking into account the credibility of the statements made by the alien in support of the alien’s claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, the alien more likely than not could establish eligibility for asylum under section 208, and it is more likely than not that the statements made by, and on behalf of, the alien in support of the alien’s claim are true. . 103. Clarification of asylum eligibility (a) In general Section 208(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(A) ) is amended by inserting after section 101(a)(42)(A) the following: (in accordance with the rules set forth in this section), and is eligible to apply for asylum under subsection (a) . (b) Place of arrival Section 208(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(1) ) is amended— (1) by striking or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), ; and (2) by inserting after United States the following: and has arrived in the United States at a port of entry (including an alien who is brought to the United States after having been interdicted in international or United States waters), . 104. Exceptions Paragraph (2) of section 208(b) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) ) is amended to read as follows: (2) Exceptions (A) In general Paragraph (1) shall not apply to an alien if the Secretary of Homeland Security or the Attorney General determines that— (i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (ii) the alien has been convicted of any felony under Federal, State, Tribal, or local law; (iii) the alien has been convicted of any misdemeanor offense under Federal, State, Tribal, or local law involving— (I) the unlawful possession or use of an identification document, authentication feature, or false identification document (as those terms and phrases are defined in the jurisdiction where the conviction occurred), unless the alien can establish that the conviction resulted from circumstances showing that— (aa) the document or feature was presented before boarding a common carrier; (bb) the document or feature related to the alien’s eligibility to enter the United States; (cc) the alien used the document or feature to depart a country wherein the alien has claimed a fear of persecution; and (dd) the alien claimed a fear of persecution without delay upon presenting himself or herself to an immigration officer upon arrival at a United States port of entry; (II) the unlawful receipt of a Federal public benefit (as defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611(c) )), from a Federal entity, or the unlawful receipt of similar public benefits from a State, tribal, or local entity; or (III) possession or trafficking of a controlled substance or controlled substance paraphernalia, as those phrases are defined under the law of the jurisdiction where the conviction occurred, other than a single offense involving possession for one’s own use of 30 grams or less of marijuana (as marijuana is defined under the law of the jurisdiction where the conviction occurred); (iv) the alien has been convicted of an offense arising under paragraph (1)(A) or (2) of section 274(a), or under section 276; (v) the alien has been convicted of a Federal, State, Tribal, or local crime that the Attorney General or Secretary of Homeland Security knows, or has reason to believe, was committed in support, promotion, or furtherance of the activity of a criminal street gang (as defined under the law of the jurisdiction where the conviction occurred or in section 521(a) of title 18, United States Code); (vi) the alien has been convicted of an offense for driving while intoxicated or impaired, as those terms are defined under the law of the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under Federal, State, Tribal, or local law, in which such intoxicated or impaired driving was a cause of serious bodily injury or death of another person; (vii) the alien has been convicted of more than one offense for driving while intoxicated or impaired, as those terms are defined under the law of the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under Federal, State, Tribal, or local law; (viii) the alien has been convicted of a crime— (I) that involves conduct amounting to a crime of stalking; (II) of child abuse, child neglect, or child abandonment; or (III) that involves conduct amounting to a domestic assault or battery offense, including— (aa) a misdemeanor crime of domestic violence, as described in section 921(a)(33) of title 18, United States Code; (bb) a crime of domestic violence, as described in section 40002(a)(12) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a)(12) ); or (cc) any crime based on conduct in which the alien harassed, coerced, intimidated, voluntarily or recklessly used (or threatened to use) force or violence against, or inflicted physical injury or physical pain, however slight, upon a person— (AA) who is a current or former spouse of the alien; (BB) with whom the alien shares a child; (CC) who is cohabitating with, or who has cohabitated with, the alien as a spouse; (DD) who is similarly situated to a spouse of the alien under the domestic or family violence laws of the jurisdiction where the offense occurred; or (EE) who is protected from that alien’s acts under the domestic or family violence laws of the United States or of any State, Tribal government, or unit of local government; (ix) the alien has engaged in acts of battery or extreme cruelty upon a person and the person— (I) is a current or former spouse of the alien; (II) shares a child with the alien; (III) cohabitates or has cohabitated with the alien as a spouse; (IV) is similarly situated to a spouse of the alien under the domestic or family violence laws of the jurisdiction where the offense occurred; or (V) is protected from that alien’s acts under the domestic or family violence laws of the United States or of any State, Tribal government, or unit of local government; (x) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States; (xi) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; (xii) there are reasonable grounds for regarding the alien as a danger to the security of the United States; (xiii) the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section 237(a)(4)(B) (relating to terrorist activity), unless, in the case only of an alien inadmissible under subclause (IV) of section 212(a)(3)(B)(i), the Secretary of Homeland Security or the Attorney General determines, in the Secretary’s or the Attorney General's discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; (xiv) the alien was firmly resettled in another country prior to arriving in the United States; or (xv) there are reasonable grounds for concluding the alien could avoid persecution by relocating to another part of the alien’s country of nationality or, in the case of an alien having no nationality, another part of the alien’s country of last habitual residence. (B) Special rules (i) Particularly serious crime; serious nonpolitical crime outside the United States (I) In general For purposes of subparagraph (A)(x), the Attorney General or Secretary of Homeland Security, in their discretion, may determine that a conviction constitutes a particularly serious crime based on— (aa) the nature of the conviction; (bb) the type of sentence imposed; or (cc) the circumstances and underlying facts of the conviction. (II) Determination In making a determination under subclause (I), the Attorney General or Secretary of Homeland Security may consider all reliable information and is not limited to facts found by the criminal court or provided in the underlying record of conviction. (III) Treatment of felonies In making a determination under subclause (I), an alien who has been convicted of a felony (as defined under this section) or an aggravated felony (as defined under section 101(a)(43)), shall be considered to have been convicted of a particularly serious crime. (IV) Interpol Red Notice In making a determination under subparagraph (A)(xi), an Interpol Red Notice may constitute reliable evidence that the alien has committed a serious nonpolitical crime outside the United States. (ii) Crimes and exceptions (I) Driving while intoxicated or impaired A finding under subparagraph (A)(vi) does not require the Attorney General or Secretary of Homeland Security to find the first conviction for driving while intoxicated or impaired (including a conviction for driving while under the influence of or impaired by alcohol or drugs) as a predicate offense. The Attorney General or Secretary of Homeland Security need only make a factual determination that the alien previously was convicted for driving while intoxicated or impaired as those terms are defined under the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs). (II) Stalking and other crimes In making a determination under subparagraph (A)(viii), including determining the existence of a domestic relationship between the alien and the victim, the underlying conduct of the crime may be considered, and the Attorney General or Secretary of Homeland Security is not limited to facts found by the criminal court or provided in the underlying record of conviction. (III) Battery or extreme cruelty In making a determination under subparagraph (A)(ix), the phrase battery or extreme cruelty includes— (aa) any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury; (bb) psychological or sexual abuse or exploitation, including rape, molestation, incest, or forced prostitution, shall be considered acts of violence; and (cc) other abusive acts, including acts that, in and of themselves, may not initially appear violent, but that are a part of an overall pattern of violence. (IV) Exception for victims of domestic violence An alien who was convicted of an offense described in clause (viii) or (ix) of subparagraph (A) is not ineligible for asylum on that basis if the alien satisfies the criteria under section 237(a)(7)(A). (C) Specific circumstances Paragraph (1) shall not apply to an alien whose claim is based on— (i) personal animus or retribution, including personal animus in which the alleged persecutor has not targeted, or manifested an animus against, other members of an alleged particular social group in addition to the member who has raised the claim at issue; (ii) the applicant’s generalized disapproval of, disagreement with, or opposition to criminal, terrorist, gang, guerilla, or other non-state organizations absent expressive behavior in furtherance of a discrete cause against such organizations related to control of a State or expressive behavior that is antithetical to the State or a legal unit of the State; (iii) the applicant’s resistance to recruitment or coercion by guerrilla, criminal, gang, terrorist, or other non-state organizations; (iv) the targeting of the applicant for criminal activity for financial gain based on wealth or affluence or perceptions of wealth or affluence; (v) the applicant’s criminal activity; or (vi) the applicant’s perceived, past or present, gang affiliation. (D) Definitions and clarifications (i) Definitions For purposes of this paragraph: (I) Felony The term felony means— (aa) any crime defined as a felony by the relevant jurisdiction (Federal, State, Tribal, or local) of conviction; or (bb) any crime punishable by more than one year of imprisonment. (II) Misdemeanor The term misdemeanor means— (aa) any crime defined as a misdemeanor by the relevant jurisdiction (Federal, State, Tribal, or local) of conviction; or (bb) any crime not punishable by more than one year of imprisonment. (ii) Clarifications (I) Construction For purposes of this paragraph, whether any activity or conviction also may constitute a basis for removal is immaterial to a determination of asylum eligibility. (II) Attempt, conspiracy, or solicitation For purposes of this paragraph, all references to a criminal offense or criminal conviction shall be deemed to include any attempt, conspiracy, or solicitation to commit the offense or any other inchoate form of the offense. (III) Effect of certain orders (aa) In general No order vacating a conviction, modifying a sentence, clarifying a sentence, or otherwise altering a conviction or sentence shall have any effect under this paragraph unless the Attorney General or Secretary of Homeland Security determines that— (AA) the court issuing the order had jurisdiction and authority to do so; and (BB) the order was not entered for rehabilitative purposes or for purposes of ameliorating the immigration consequences of the conviction or sentence. (bb) Ameliorating immigration consequences For purposes of item (aa)(BB), the order shall be presumed to be for the purpose of ameliorating immigration consequences if— (AA) the order was entered after the initiation of any proceeding to remove the alien from the United States; or (BB) the alien moved for the order more than one year after the date of the original order of conviction or sentencing, whichever is later. (cc) Authority of immigration judge An immigration judge is not limited to consideration only of material included in any order vacating a conviction, modifying a sentence, or clarifying a sentence to determine whether such order should be given any effect under this paragraph, but may consider such additional information as the immigration judge determines appropriate. (E) Additional limitations The Secretary of Homeland Security or the Attorney General may by regulation establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum under paragraph (1). (F) No judicial review There shall be no judicial review of a determination of the Secretary of Homeland Security or the Attorney General under subparagraph (A)(xiii). . 105. Employment authorization Paragraph (2) of section 208(d) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d) ) is amended to read as follows: (2) Employment authorization (A) Authorization permitted An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Secretary of Homeland Security. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to the date that is 180 days after the date of filing of the application for asylum. (B) Termination Each grant of employment authorization under subparagraph (A), and any renewal or extension thereof, shall be valid for a period of 6 months, except that such authorization, renewal, or extension shall terminate prior to the end of such 6 month period as follows: (i) Immediately following the denial of an asylum application by an asylum officer, unless the case is referred to an immigration judge. (ii) 30 days after the date on which an immigration judge denies an asylum application, unless the alien timely appeals to the Board of Immigration Appeals. (iii) Immediately following the denial by the Board of Immigration Appeals of an appeal of a denial of an asylum application. (C) Renewal The Secretary of Homeland Security may not grant, renew, or extend employment authorization to an alien if the alien was previously granted employment authorization under subparagraph (A), and the employment authorization was terminated pursuant to a circumstance described in subparagraph (B)(i), (ii), or (iii), unless a Federal court of appeals remands the alien’s case to the Board of Immigration Appeals. (D) Ineligibility The Secretary of Homeland Security may not grant employment authorization to an alien under this paragraph if the alien— (i) is ineligible for asylum under subsection (b)(2)(A); or (ii) entered or attempted to enter the United States at a place and time other than lawfully through a United States port of entry. . 106. Asylum fees Paragraph (3) of section 208(d) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d) ) is amended to read as follows: (3) Fees (A) Application fee A fee of not less than $50 for each application for asylum shall be imposed. Such fee shall not exceed the cost of adjudicating the application. Such fee shall not apply to an unaccompanied alien child who files an asylum application in proceedings under section 240. (B) Employment authorization A fee may also be imposed for the consideration of an application for employment authorization under this section and for adjustment of status under section 209(b). Such a fee shall not exceed the cost of adjudicating the application. (C) Payment Fees under this paragraph may be assessed and paid over a period of time or by installments. (D) Rule of construction Nothing in this paragraph shall be construed to limit the authority of the Attorney General or Secretary of Homeland Security to set adjudication and naturalization fees in accordance with section 286(m). . 107. Rules for determining asylum eligibility Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended by adding at the end the following: (f) Rules for determining asylum eligibility In making a determination under subsection (b)(1)(A) with respect to whether an alien is a refugee within the meaning of section 101(a)(42)(A), the following shall apply: (1) Particular social group The Secretary of Homeland Security or the Attorney General shall not determine that an alien is a member of a particular social group unless the alien articulates on the record, or provides a basis on the record for determining, the definition and boundaries of the alleged particular social group, establishes that the particular social group exists independently from the alleged persecution, and establishes that the alien’s claim of membership in a particular social group does not involve— (A) past or present criminal activity or association (including gang membership); (B) presence in a country with generalized violence or a high crime rate; (C) being the subject of a recruitment effort by criminal, terrorist, or persecutory groups; (D) the targeting of the applicant for criminal activity for financial gain based on perceptions of wealth or affluence; (E) interpersonal disputes of which governmental authorities in the relevant society or region were unaware or uninvolved; (F) private criminal acts of which governmental authorities in the relevant society or region were unaware or uninvolved; (G) past or present terrorist activity or association; (H) past or present persecutory activity or association; or (I) status as an alien returning from the United States. (2) Political opinion The Secretary of Homeland Security or the Attorney General may not determine that an alien holds a political opinion with respect to which the alien is subject to persecution if the political opinion is constituted solely by generalized disapproval of, disagreement with, or opposition to criminal, terrorist, gang, guerilla, or other non-state organizations and does not include expressive behavior in furtherance of a cause against such organizations related to efforts by the State to control such organizations or behavior that is antithetical to or otherwise opposes the ruling legal entity of the State or a unit thereof. (3) Persecution The Secretary of Homeland Security or the Attorney General may not determine that an alien has been subject to persecution or has a well-founded fear of persecution based only on— (A) the existence of laws or government policies that are unenforced or infrequently enforced, unless there is credible evidence that such a law or policy has been or would be applied to the applicant personally; or (B) the conduct of rogue foreign government officials acting outside the scope of their official capacity. (4) Discretionary determination (A) Adverse discretionary factors The Secretary of Homeland Security or the Attorney General may only grant asylum to an alien if the alien establishes that he or she warrants a favorable exercise of discretion. In making such a determination, the Attorney General or Secretary of Homeland Security shall consider, if applicable, an alien’s use of fraudulent documents to enter the United States, unless the alien arrived in the United States by air, sea, or land directly from the applicant’s home country without transiting through any other country. (B) Favorable exercise of discretion not permitted Except as provided in subparagraph (C), the Attorney General or Secretary of Homeland Security shall not favorably exercise discretion under this section for any alien who— (i) has accrued more than one year of unlawful presence in the United States, as defined in sections 212(a)(9)(B)(ii) and (iii), prior to filing an application for asylum; (ii) at the time the asylum application is filed with the immigration court or is referred from the Department of Homeland Security, has— (I) failed to timely file (or timely file a request for an extension of time to file) any required Federal, State, or local income tax returns; (II) failed to satisfy any outstanding Federal, State, or local tax obligations; or (III) income that would result in tax liability under section 1 of the Internal Revenue Code of 1986 and that was not reported to the Internal Revenue Service; (iii) has had two or more prior asylum applications denied for any reason; (iv) has withdrawn a prior asylum application with prejudice or been found to have abandoned a prior asylum application; (v) failed to attend an interview regarding his or her asylum application with the Department of Homeland Security, unless the alien shows by a preponderance of the evidence that— (I) exceptional circumstances prevented the alien from attending the interview; or (II) the interview notice was not mailed to the last address provided by the alien or the alien’s representative and neither the alien nor the alien’s representative received notice of the interview; or (vi) was subject to a final order of removal, deportation, or exclusion and did not file a motion to reopen to seek asylum based on changed country conditions within one year of the change in country conditions. (C) Exceptions If one or more of the adverse discretionary factors set forth in subparagraph (B) are present, the Attorney General or the Secretary, may, notwithstanding such subparagraph (B), favorably exercise discretion under section 208— (i) in extraordinary circumstances, such as those involving national security or foreign policy considerations; or (ii) if the alien, by clear and convincing evidence, demonstrates that the denial of the application for asylum would result in exceptional and extremely unusual hardship to the alien. (5) Limitation If the Secretary or the Attorney General determines that an alien fails to satisfy the requirement under paragraph (1), the alien may not be granted asylum based on membership in a particular social group, and may not appeal the determination of the Secretary or Attorney General, as applicable. A determination under this paragraph shall not serve as the basis for any motion to reopen or reconsider an application for asylum or withholding of removal for any reason, including a claim of ineffective assistance of counsel, unless the alien complies with the procedural requirements for such a motion and demonstrates that counsel’s failure to define, or provide a basis for defining, a formulation of a particular social group was both not a strategic choice and constituted egregious conduct. (6) Stereotypes Evidence offered in support of an application for asylum that promotes cultural stereotypes about a country, its inhabitants, or an alleged persecutor, including stereotypes based on race, religion, nationality, or gender, shall not be admissible in adjudicating that application, except that evidence that an alleged persecutor holds stereotypical views of the applicant shall be admissible. (7) Definitions In this section: (A) The term membership in a particular social group means membership in a group that is— (i) composed of members who share a common immutable characteristic; (ii) defined with particularity; and (iii) socially distinct within the society in question. (B) The term political opinion means an ideal or conviction in support of the furtherance of a discrete cause related to political control of a state or a unit thereof. (C) The term persecution means the infliction of a severe level of harm constituting an exigent threat by the government of a country or by persons or an organization that the government was unable or unwilling to control. Such term does not include— (i) generalized harm or violence that arises out of civil, criminal, or military strife in a country; (ii) all treatment that the United States regards as unfair, offensive, unjust, unlawful, or unconstitutional; (iii) intermittent harassment, including brief detentions; (iv) threats with no actual effort to carry out the threats, except that particularized threats of severe harm of an immediate and menacing nature made by an identified entity may constitute persecution; or (v) non-severe economic harm or property damage. . 108. Firm resettlement Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ), as amended by this title, is further amended by adding at the end the following: (g) Firm resettlement In determining whether an alien was firmly resettled in another country prior to arriving in the United States under subsection (b)(2)(A)(xiv), the following shall apply: (1) In general An alien shall be considered to have firmly resettled in another country if, after the events giving rise to the alien’s asylum claim— (A) the alien resided in a country through which the alien transited prior to arriving in or entering the United States and— (i) received or was eligible for any permanent legal immigration status in that country; (ii) resided in such a country with any non-permanent but indefinitely renewable legal immigration status (including asylee, refugee, or similar status, but excluding status of a tourist); or (iii) resided in such a country and could have applied for and obtained an immigration status described in clause (ii); (B) the alien physically resided voluntarily, and without continuing to suffer persecution or torture, in any one country for one year or more after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States, except for any time spent in Mexico by an alien who is not a native or citizen of Mexico solely as a direct result of being returned to Mexico pursuant to section 235(b)(3) or of being subject to metering; or (C) the alien is a citizen of a country other than the country in which the alien alleges a fear of persecution, or was a citizen of such a country in the case of an alien who renounces such citizenship, and the alien was present in that country after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States. (2) Burden of proof If an immigration judge determines that an alien has firmly resettled in another country under paragraph (1), the alien shall bear the burden of proving the bar does not apply. (3) Firm resettlement of parent An alien shall be presumed to have been firmly resettled in another country if the alien’s parent was firmly resettled in another country, the parent’s resettlement occurred before the alien turned 18 years of age, and the alien resided with such parent at the time of the firm resettlement, unless the alien establishes that he or she could not have derived any permanent legal immigration status or any non-permanent but indefinitely renewable legal immigration status (including asylum, refugee, or similar status, but excluding status of a tourist) from the alien’s parent. . 109. Notice concerning frivolous asylum applications (a) In general Section 208(d)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(4) ) is amended— (1) in the matter preceding subparagraph (A), by inserting the Secretary of Homeland Security or before the Attorney General ; (2) in subparagraph (A), by striking and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and and inserting a semicolon; (3) in subparagraph (B), by striking the period and inserting ; and ; and (4) by adding at the end the following: (C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application. . (b) Conforming amendment Section 208(d)(6) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(6) ) is amended by striking If the and all that follows and inserting: (A) In general If the Secretary of Homeland Security or the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(C), the alien shall be permanently ineligible for any benefits under this chapter, effective as the date of the final determination of such an application. (B) Criteria An application is frivolous if the Secretary of Homeland Security or the Attorney General determines, consistent with subparagraph (C), that— (i) it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the United States, to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph (2), or to seek issuance of a Notice to Appear in order to pursue Cancellation of Removal under section 240A(b); or (ii) any of the material elements are knowingly fabricated. (C) Sufficient opportunity to clarify In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim. (D) Withholding of removal not precluded For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture. . 110. Technical amendments Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(D), by inserting Secretary of Homeland Security or the before Attorney General ; and (B) in paragraph (3), by inserting Secretary of Homeland Security or the before Attorney General ; (2) in subsection (c)— (A) in paragraph (1), by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting Secretary of Homeland Security or the before Attorney General ; and (C) in paragraph (3), by inserting Secretary of Homeland Security or the before Attorney General ; and (3) in subsection (d)— (A) in paragraph (1), by inserting Secretary of Homeland Security or the before Attorney General each place such term appears; and (B) in paragraph (5)— (i) in subparagraph (A), by striking Attorney General and inserting Secretary of Homeland Security ; and (ii) in subparagraph (B), by inserting Secretary of Homeland Security or the before Attorney General . 111. Requirement for procedures relating to certain asylum applications (a) In general Not later than 30 days after the date of the enactment of this Act, the Attorney General shall establish procedures to expedite the adjudication of asylum applications for aliens— (1) who are subject to removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); and (2) who are nationals of a Western Hemisphere country sanctioned by the United States, as described in subsection (b), as of January 1, 2024. (b) Western Hemisphere country sanctioned by the United States described Subsection (a) shall apply only to an asylum application filed by an alien who is a national of a Western Hemisphere country subject to sanctions pursuant to— (1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6021 note); (2) the Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021 or the RENACER Act ( 50 U.S.C. 1701 note); or (3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a national emergency with respect to the situation in Venezuela). (c) Applicability This section shall only apply to an alien who files an application for asylum after the date of the enactment of this Act. II Border Safety and Migrant Protection 201. Inspection of applicants for admission Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clauses (i) and (ii), by striking section 212(a)(6)(C) inserting subparagraph (A) or (C) of section 212(a)(6) ; and (II) by adding at the end the following: (iv) Ineligibility for parole An alien described in clause (i) or (ii) shall not be eligible for parole except as expressly authorized pursuant to section 212(d)(5), or for parole or release pursuant to section 236(a). ; and (ii) in subparagraph (B)— (I) in clause (ii), by striking asylum. and inserting asylum and shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3). ; and (II) in clause (iii)(IV)— (aa) in the header by striking detention and inserting detention, return, or removal ; and (bb) by adding at the end the following: The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3). ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking Subject to subparagraphs (B) and (C), and inserting Subject to subparagraph (B) and paragraph (3), ; and (II) by adding at the end the following: The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3). ; and (ii) by striking subparagraph (C); (C) by redesignating paragraph (3) as paragraph (5); and (D) by inserting after paragraph (2) the following: (3) Return to foreign territory contiguous to the United States (A) In general The Secretary of Homeland Security may return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III). (B) Mandatory return If at any time the Secretary of Homeland Security cannot— (i) comply with its obligations to detain an alien as required under clauses (ii) and (iii)(IV) of subsection (b)(1)(B) and subsection (b)(2)(A); or (ii) remove an alien to a country described in section 208(a)(2)(A), the Secretary of Homeland Security shall, without exception, including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5), return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III). (4) Enforcement by state attorneys general The attorney general of a State, or other authorized State officer, alleging a violation of the detention, return, or removal requirements under paragraph (1), (2), or (3) that affects such State or its residents, may bring an action against the Secretary of Homeland Security on behalf of the residents of the State in an appropriate United States district court to obtain appropriate injunctive relief. ; and (2) by adding at the end the following: (e) Authority To prohibit introduction of certain aliens If the Secretary of Homeland Security determines, in his discretion, that the prohibition of the introduction of aliens who are inadmissible under subparagraph (A) or (C) of section 212(a)(6) or under section 212(a)(7) at an international land or maritime border of the United States is necessary to achieve operational control (as defined in section 2 of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 note)) of such border, the Secretary may prohibit, in whole or in part, the introduction of such aliens at such border for such period of time as the Secretary determines is necessary for such purpose. . 202. Operational detention facilities (a) In general Not later than September 30, 2025, the Secretary of Homeland Security shall take all necessary actions to reopen or restore all U.S. Immigration and Customs Enforcement detention facilities that were in operation on January 20, 2021, that subsequently closed or with respect to which the use was altered, reduced, or discontinued after January 20, 2021. In carrying out the requirement under this subsection, the Secretary may use the authority under section 103(a)(11) of the Immigration and Nationality Act ( 8 U.S.C. 1103(a)(11) ). (b) Specific facilities The requirement under subsection (a) shall include at a minimum, reopening, or restoring, the following facilities: (1) Irwin County Detention Center in Georgia. (2) C. Carlos Carreiro Immigration Detention Center in Bristol County, Massachusetts. (3) Etowah County Detention Center in Gadsden, Alabama. (4) Glades County Detention Center in Moore Haven, Florida. (5) South Texas Family Residential Center. (c) Exception (1) In general Except as provided in paragraphs (2) and (3), the Secretary of Homeland Security is authorized to obtain equivalent capacity for detention facilities at locations other than those listed in subsection (b). (2) Limitation The Secretary may not take action under paragraph (1) unless the capacity obtained would result in a reduction of time and cost relative to the cost and time otherwise required to obtain such capacity. (3) South Texas family residential center The exception under paragraph (1) shall not apply to the South Texas Family Residential Center. The Secretary shall take all necessary steps to modify and operate the South Texas Family Residential Center in the same manner and capability it was operating on January 20, 2021. (d) Periodic report Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until September 30, 2027, the Secretary of Homeland Security shall submit to the appropriate congressional committees a detailed plan for and a status report on— (1) compliance with the deadline under subsection (a); (2) the increase in detention capabilities required by this section— (A) for the 90 day period immediately preceding the date such report is submitted; and (B) for the period beginning on the first day of the fiscal year during which the report is submitted, and ending on the date such report is submitted; (3) the number of detention beds that were used and the number of available detention beds that were not used during— (A) the 90 day period immediately preceding the date such report is submitted; and (B) the period beginning on the first day of the fiscal year during which the report is submitted, and ending on the date such report is submitted; (4) the number of aliens released due to a lack of available detention beds; and (5) the resources the Department of Homeland Security needs in order to comply with the requirements under this section. (e) Notification The Secretary of Homeland Security shall notify Congress, and include with such notification a detailed description of the resources the Department of Homeland Security needs in order to detain all aliens whose detention is mandatory or nondiscretionary under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. )— (1) not later than 5 days after all U.S. Immigration and Customs Enforcement detention facilities reach 90 percent of capacity; (2) not later than 5 days after all U.S. Immigration and Customs Enforcement detention facilities reach 95 percent of capacity; and (3) not later than 5 days after all U.S. Immigration and Customs Enforcement detention facilities reach full capacity. (f) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on the Judiciary of the House of Representatives; (2) the Committee on Appropriations of the House of Representatives; (3) the Committee on the Judiciary of the Senate; and (4) the Committee on Appropriations of the Senate. III Preventing Uncontrolled Migration Flows in the Western Hemisphere 301. United States policy regarding Western Hemisphere cooperation on immigration and asylum It is the policy of the United States to enter into agreements, accords, and memoranda of understanding with countries in the Western Hemisphere, the purposes of which are to advance the interests of the United States by reducing costs associated with illegal immigration and to protect the human capital, societal traditions, and economic growth of other countries in the Western Hemisphere. It is further the policy of the United States to ensure that humanitarian and development assistance funding aimed at reducing illegal immigration is not expended on programs that have not proven to reduce illegal immigrant flows in the aggregate. 302. Negotiations by Secretary of State (a) Authorization To negotiate The Secretary of State shall seek to negotiate agreements, accords, and memoranda of understanding between the United States, Mexico, Honduras, El Salvador, Guatemala, and other countries in the Western Hemisphere with respect to cooperation and burden sharing required for effective regional immigration enforcement, expediting legal claims by aliens for asylum, and the processing, detention, and repatriation of foreign nationals seeking to enter the United States unlawfully. Such agreements shall be designed to facilitate a regional approach to immigration enforcement and shall, at a minimum, provide that— (1) the Government of Mexico authorize and accept the rapid entrance into Mexico of nationals of countries other than Mexico who seek asylum in Mexico, and process the asylum claims of such nationals inside Mexico, in accordance with both domestic law and international treaties and conventions governing the processing of asylum claims; (2) the Government of Mexico authorize and accept both the rapid entrance into Mexico of all nationals of countries other than Mexico who are ineligible for asylum in Mexico and wish to apply for asylum in the United States, whether or not at a port of entry, and the continued presence of such nationals in Mexico while they wait for the adjudication of their asylum claims to conclude in the United States; (3) the Government of Mexico commit to provide the individuals described in paragraphs (1) and (2) with appropriate humanitarian protections; (4) the Government of Honduras, the Government of El Salvador, and the Government of Guatemala each authorize and accept the entrance into the respective countries of nationals of other countries seeking asylum in the applicable such country and process such claims in accordance with applicable domestic law and international treaties and conventions governing the processing of asylum claims; (5) the Government of the United States commit to work to accelerate the adjudication of asylum claims and to conclude removal proceedings in the wake of asylum adjudications as expeditiously as possible; (6) the Government of the United States commit to continue to assist the governments of countries in the Western Hemisphere, such as the Government of Honduras, the Government of El Salvador, and the Government of Guatemala, by supporting the enhancement of asylum capacity in those countries; and (7) the Government of the United States commit to monitoring developments in hemispheric immigration trends and regional asylum capabilities to determine whether additional asylum cooperation agreements are warranted. (b) Notification in accordance with Case-Zablocki Act The Secretary of State shall, in accordance with section 112b of title 1, United States Code, promptly inform the relevant congressional committees of each agreement entered into pursuant to subsection (a). Such notifications shall be submitted not later than 48 hours after such agreements are signed. (c) Alien defined In this section, the term alien has the meaning given such term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). 303. Mandatory briefings on United States efforts to address the border crisis (a) Briefing required Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 90 days thereafter until the date described in subsection (b), the Secretary of State, or the designee of the Secretary of State, shall provide to the appropriate congressional committees an in-person briefing on efforts undertaken pursuant to the negotiation authority provided by section 302 of this title to monitor, deter, and prevent illegal immigration to the United States, including by entering into agreements, accords, and memoranda of understanding with foreign countries and by using United States foreign assistance to stem the root causes of migration in the Western Hemisphere. (b) Termination of mandatory briefing The date described in this subsection is the date on which the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, determines and certifies to the appropriate congressional committees that illegal immigration flows have subsided to a manageable rate. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. IV Ensuring United Families at the Border 401. Clarification of standards for family detention (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended by adding at the end the following: (j) Construction (1) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act ( 8 U.S.C. 1187 , 1225, 1226, and 1231). There is no presumption that an alien child who is not an unaccompanied alien child should not be detained. (2) Family detention The Secretary of Homeland Security shall— (A) maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, who— (i) is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ); and (ii) entered the United States with the alien’s child who has not attained 18 years of age; and (B) detain the alien with the alien’s child. . (b) Sense of Congress It is the sense of Congress that the amendments in this section to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) are intended to satisfy the requirements of the Settlement Agreement in Flores v. Meese, No. 85–4544 (C.D. Cal), as approved by the court on January 28, 1997, with respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the agreement applies to accompanied minors. (c) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to all actions that occur before, on, or after such date. (d) Preemption of State licensing requirements Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, no State may require that an immigration detention facility used to detain children who have not attained 18 years of age, or families consisting of one or more of such children and the parents or legal guardians of such children, that is located in that State, be licensed by the State or any political subdivision thereof. V Protection of Children 501. Findings Congress makes the following findings: (1) Implementation of the provisions of the Trafficking Victims Protection Reauthorization Act of 2008 that govern unaccompanied alien children has incentivized multiple surges of unaccompanied alien children arriving at the southwest border in the years since the bill’s enactment. (2) The provisions of the Trafficking Victims Protection Reauthorization Act of 2008 that govern unaccompanied alien children treat unaccompanied alien children from countries that are contiguous to the United States disparately by swiftly returning them to their home country absent indications of trafficking or a credible fear of return, but allowing for the release of unaccompanied alien children from noncontiguous countries into the interior of the United States, often to those individuals who paid to smuggle them into the country in the first place. (3) The provisions of the Trafficking Victims Protection Reauthorization Act of 2008 governing unaccompanied alien children have enriched the cartels, who profit hundreds of millions of dollars each year by smuggling unaccompanied alien children to the southwest border, exploiting and sexually abusing many such unaccompanied alien children on the perilous journey. (4) Prior to 2008, the number of unaccompanied alien children encountered at the southwest border never exceeded 1,000 in a single year. (5) The United States is currently in the midst of the worst crisis of unaccompanied alien children in our nation’s history, with over 350,000 such unaccompanied alien children encountered at the southwest border since Joe Biden became President. (6) In 2022, during the Biden Administration, 152,057 unaccompanied alien children were encountered, the most ever in a single year and an over 400 percent increase compared to the last full fiscal year of the Trump Administration in which 33,239 unaccompanied alien children were encountered. (7) The Biden Administration has lost contact with at least 85,000 unaccompanied alien children who entered the United States since Joe Biden took office. (8) The Biden Administration dismantled effective safeguards put in place by the Trump Administration that protected unaccompanied alien children from being abused by criminals or exploited for illegal and dangerous child labor. (9) A recent New York Times investigation found that unaccompanied alien children are being exploited in the labor market and are ending up in some of the most punishing jobs in the country. . (10) The Times investigation found unaccompanied alien children, under intense pressure to earn money in order to send cash back to their families while often being in debt to their sponsors for smuggling fees, rent, and living expenses, feared that they had become trapped in circumstances they never could have imagined. . (11) The Biden Administration’s Department of Health and Human Services Secretary Xavier Becerra compared placing unaccompanied alien children with sponsors, to widgets in an assembly line, stating that, If Henry Ford had seen this in his plant, he would have never become famous and rich. This is not the way you do an assembly line. . (12) Department of Health and Human Services employees working under Secretary Xavier Becerra’s leadership penned a July 2021 memorandum expressing serious concern that labor trafficking was increasing and that the agency had become one that rewards individuals for making quick releases, and not one that rewards individuals for preventing unsafe releases. . (13) Despite this, Secretary Xavier Becerra pressured then-Director of the Office of Refugee Resettlement Cindy Huang to prioritize releases of unaccompanied alien children over ensuring their safety, telling her if she could not increase the number of discharges he would find someone who could and then-Director Huang resigned one month later. (14) In June 2014, the Obama-Biden Administration requested legal authority to exercise discretion in returning and removing unaccompanied alien children from non-contiguous countries back to their home countries. (15) In August 2014, the House of Representatives passed H.R. 5320, which included the Protection of Children Act. (16) This title ends the disparate policies of the Trafficking Victims Protection Reauthorization Act of 2008 by ensuring the swift return of all unaccompanied alien children to their country of origin if they are not victims of trafficking and do not have a fear of return. 502. Repatriation of unaccompanied alien children (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) by amending the heading to read as follows: Rules for unaccompanied alien children.— ; (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States ; (II) in clause (i), by inserting and at the end; (III) in clause (ii), by striking ; and and inserting a period; and (IV) by striking clause (iii); and (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking ( 8 U.S.C. 1101 et seq. ) may— and inserting ( 8 U.S.C. 1101 et seq. )— ; (II) in clause (i), by inserting before permit such child to withdraw the following: may ; and (III) in clause (ii), by inserting before return such child the following: shall ; and (B) in paragraph (5)(D)— (i) in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), and inserting who does not meet the criteria listed in paragraph (2)(A) ; and (ii) in clause (i), by inserting before the semicolon at the end the following: , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4) ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting before the semicolon the following: believed not to meet the criteria listed in subsection (a)(2)(A) ; and (ii) in subparagraph (B), by inserting before the period the following: and does not meet the criteria listed in subsection (a)(2)(A) ; and (B) in paragraph (3), by striking an unaccompanied alien child in custody shall and all that follows, and inserting the following: an unaccompanied alien child in custody— (A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or (B) in the case of a child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria. ; and (3) in subsection (c)— (A) in paragraph (3), by inserting at the end the following: (D) Information about individuals with whom children are placed (i) Information to be provided to homeland security Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, information on— (I) the name of the individual; (II) the social security number of the individual; (III) the date of birth of the individual; (IV) the location of the individual’s residence where the child will be placed; (V) the immigration status of the individual, if known; and (VI) contact information for the individual. (ii) Activities of the secretary of homeland security Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security, upon determining that an individual with whom a child is placed is unlawfully present in the United States and not in removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. ), shall initiate such removal proceedings. ; and (B) in paragraph (5)— (i) by inserting after to the greatest extent practicable the following: (at no expense to the Government) ; and (ii) by striking have counsel to represent them and inserting have access to counsel to represent them . (b) Effective date The amendments made by this section shall apply to any unaccompanied alien child (as such term is defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )) apprehended on or after the date that is 30 days after the date of the enactment of this Act. 503. Special immigrant juvenile status for immigrants unable to reunite with either parent Section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ) is amended— (1) in clause (i), by striking , and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law ; and (2) in clause (iii)— (A) in subclause (I), by striking and at the end; (B) in subclause (II), by inserting and after the semicolon; and (C) by adding at the end the following: (III) an alien may not be granted special immigrant status under this subparagraph if the alien’s reunification with any one parent or legal guardian is not precluded by abuse, neglect, abandonment, or any similar cause under State law; . 504. Rule of construction Nothing in this title shall be construed to limit the following procedures or practices relating to an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )): (1) Screening of such a child for a credible fear of return to his or her country of origin. (2) Screening of such a child to determine whether he or she was a victim of trafficking. (3) Department of Health and Human Services policy in effect on the date of the enactment of this Act requiring a home study for such a child if he or she is under 12 years of age. VI Visa Overstays Penalties 601. Expanded penalties for illegal entry or presence Section 275 of the Immigration and Nationality Act ( 8 U.S.C. 1325 ) is amended— (1) in subsection (a) by inserting after for a subsequent commission of any such offense the following: or if the alien was previously convicted of an offense under subsection (e)(2)(A) ; (2) in subsection (b)— (A) in paragraph (1), by striking at least $50 and not more than $250 and inserting not less than $500 and not more than $1,000 ; and (B) in paragraph (2), by inserting after in the case of an alien who has been previously subject to a civil penalty under this subsection the following: or subsection (e)(2)(B) ; and (3) by adding at the end the following: (e) Visa overstays (1) In general An alien who was admitted as a nonimmigrant has violated this paragraph if the alien, for an aggregate of 10 days or more, has failed— (A) to maintain the nonimmigrant status in which the alien was admitted, or to which it was changed under section 248, including complying with the period of stay authorized by the Secretary of Homeland Security in connection with such status; or (B) to comply otherwise with the conditions of such nonimmigrant status. (2) Penalties An alien who has violated paragraph (1)— (A) shall— (i) for the first commission of such a violation, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both; and (ii) for a subsequent commission of such a violation, or if the alien was previously convicted of an offense under subsection (a), be fined under such title 18, or imprisoned not more than 2 years, or both; and (B) in addition to, and not in lieu of, any penalty under subparagraph (A) and any other criminal or civil penalties that may be imposed, shall be subject to a civil penalty of— (i) not less than $500 and not more than $1,000 for each violation; or (ii) twice the amount specified in clause (i), in the case of an alien who has been previously subject to a civil penalty under this subparagraph or subsection (b). . VII Immigration Parole Reform 701. Immigration parole reform Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) is amended to read as follows: (5) (A) Except as provided in subparagraphs (B) and (C) and section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, may temporarily parole into the United States any alien applying for admission to the United States who is not present in the United States, under such conditions as the Secretary may prescribe, on a case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, for urgent humanitarian reasons or significant public benefit. Parole granted under this subparagraph may not be regarded as an admission of the alien. When the purposes of such parole have been served in the opinion of the Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States. (B) The Secretary of Homeland Security may grant parole to any alien who— (i) is present in the United States without lawful immigration status; (ii) is the beneficiary of an approved petition under section 203(a); (iii) is not otherwise inadmissible or removable; and (iv) is the spouse or child of a member of the Armed Forces serving on active duty. (C) The Secretary of Homeland Security may grant parole to any alien— (i) who is a national of the Republic of Cuba and is living in the Republic of Cuba; (ii) who is the beneficiary of an approved petition under section 203(a); (iii) for whom an immigrant visa is not immediately available; (iv) who meets all eligibility requirements for an immigrant visa; (v) who is not otherwise inadmissible; and (vi) who is receiving a grant of parole in furtherance of the commitment of the United States to the minimum level of annual legal migration of Cuban nationals to the United States specified in the U.S.-Cuba Joint Communiqué on Migration, done at New York September 9, 1994, and reaffirmed in the Cuba-United States: Joint Statement on Normalization of Migration, Building on the Agreement of September 9, 1994, done at New York May 2, 1995. (D) The Secretary of Homeland Security may grant parole to an alien who is returned to a contiguous country under section 235(b)(3) to allow the alien to attend the alien’s immigration hearing. The grant of parole shall not exceed the time required for the alien to be escorted to, and attend, the alien’s immigration hearing scheduled on the same calendar day as the grant, and to immediately thereafter be escorted back to the contiguous country. A grant of parole under this subparagraph shall not be considered for purposes of determining whether the alien is inadmissible under this Act. (E) For purposes of determining an alien’s eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which the alien establishes that— (i) (I) the alien has a medical emergency; and (II) (aa) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or (bb) the medical emergency is life-threatening and there is insufficient time for the alien to be admitted to the United States through the normal visa process; (ii) the alien is the parent or legal guardian of an alien described in clause (i) and the alien described in clause (i) is a minor; (iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted to the United States through the normal visa process; (iv) the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted to the United States through the normal visa process; (v) the alien is seeking to attend the funeral of a close family member and the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted to the United States through the normal visa process; (vi) the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or (vii) the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad. (F) For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant public benefit may be determined to result from the parole of an alien only if— (i) the alien has assisted (or will assist, whether knowingly or not) the United States Government in a law enforcement matter; (ii) the alien’s presence is required by the Government in furtherance of such law enforcement matter; and (iii) the alien is inadmissible, does not satisfy the eligibility requirements for admission as a nonimmigrant, or there is insufficient time for the alien to be admitted to the United States through the normal visa process. (G) For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis means that the facts in each individual case are considered and parole is not granted based on membership in a defined class of aliens to be granted parole. The fact that aliens are considered for or granted parole one-by-one and not as a group is not sufficient to establish that the parole decision is made on a case-by-case basis . (H) The Secretary of Homeland Security may not use the parole authority under this paragraph to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (B), (C), (D), (E), and (F). (I) An alien granted parole may not accept employment, except that an alien granted parole pursuant to subparagraph (B) or (C) is authorized to accept employment for the duration of the parole, as evidenced by an employment authorization document issued by the Secretary of Homeland Security. (J) Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit. (K) (i) Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of— (I) a period of sufficient length to accomplish the activity described in subparagraph (D), (E), or (F) for which the alien was granted parole; or (II) 1 year. (ii) Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of— (I) the period that is necessary to accomplish the activity described in subparagraph (E) or (F) for which the alien was granted parole; or (II) 1 year. (iii) Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application. (L) Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives and make available to the public, a report— (i) identifying the total number of aliens paroled into the United States under this paragraph during the previous fiscal year; and (ii) containing information and data regarding all aliens paroled during such fiscal year, including— (I) the duration of parole; (II) the type of parole; and (III) the current status of the aliens so paroled. . 702. Implementation (a) In general Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date that is 30 days after the date of the enactment of this Act. (b) Exceptions Notwithstanding subsection (a), each of the following exceptions apply: (1) Any application for parole or advance parole filed by an alien before the date of the enactment of this Act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved. (2) Section 212(d)(5)(J) of the Immigration and Nationality Act, as added by section 701 of this title, shall take effect on the date of the enactment of this Act. (3) Aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) ) before January 1, 2024, shall continue to be subject to the terms of parole that were in effect on the date on which their respective parole was approved. 703. Cause of action Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this title or the amendments made by this title shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States for appropriate relief. 704. Severability If any provision of this title or any amendment by this title, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and the application of such provision or amendment to any other person or circumstance shall not be affected. VIII Dignity Program 801. Establishment (a) In general There is established a program, to be known as the Dignity Program under this subtitle, which shall provide for deferred action on removal and the provision of employment and travel authorization in the case of eligible applicants, in accordance with the provisions of this subtitle. (b) Abolition of 3- and 10-Year bars For purposes of this subtitle, section 212(a)(9) of the Immigration and Nationality Act shall not apply for purposes of any person who applies and thereafter participates in the Dignity Program. 802. Eligibility The Secretary of Homeland Security shall approve an application to participate in the Dignity Program from an eligible alien subject to the following: (1) Application The applicant shall submit such information that the Secretary determines sufficient to prove the following: (A) That the alien— (i) has been continually physically present in the United States for a period of not less than 5 years prior to the date of enactment of this Act; (ii) was granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012; or (iii) has completed or is enrolled in post-secondary schooling, including trade school or community college. (B) That the alien is not inadmissible under section 212(a) of the Immigration and Nationality Act (except that paragraph (9) shall not apply for purposes of this section). (2) Submission of biometric and biographic data; background checks (A) Submission of biometric and biographic data The Secretary may not approve such an application, unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (B) Background checks The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for participation in the Dignity Program in accordance with paragraph (3). The application for participation in the Dignity Program may not be approved unless security and law enforcement background checks are completed to the satisfaction of the Secretary. (3) Grounds of ineligibility Except as provided in paragraph (2), an alien is ineligible for participation in the Dignity Program if, excluding any offense under State law for which an essential element is the alien’s immigration status, and any minor traffic offense, the alien has been convicted of— (A) any felony offense; (B) two or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or (C) a misdemeanor offense of domestic violence, unless the alien demonstrates that such crime is related to the alien having been— (i) a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking; (ii) battered or subjected to extreme cruelty; or (iii) a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U)(iii) ). (4) Waivers for certain misdemeanors For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may waive— (A) the grounds of inadmissibility under subparagraphs (A), (C), and (D) of section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ); and (B) consideration of— (i) one misdemeanor offense if the alien has not been convicted of any offense in the 5-year period preceding the date on which the alien applies for adjustment of status; or (ii) up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for adjustment of status. 803. Registration; departure (a) Registration Any alien approved to participate in the Dignity Program shall— (1) register with the Secretary of Homeland Security; (2) submit biometric and biographic data to the Secretary; and (3) submit a sworn declaration stipulating to presence in the United States without a lawful immigration status, and, as appropriate, unlawful presence, in the United States. (b) Departure Not later than 24 months after the date of the enactment of this Act, any alien present in the United States without lawful status under the immigration laws shall apply for the Dignity Program or depart the United States. (c) Intentional Self-Deportation Any alien that voluntarily departs the United States not later than 24 months after the date of the enactment of this Act shall not be subject to the provisions of section 212(a)(9) of the Immigration and Nationality Act with respect to— (1) any removal ordered under section 235(b)(1) of such Act or at the end of proceedings under section 240 of such Act initiated upon the alien's arrival in the United States; or (2) any removal ordered under section 240 of such Act, prior to the date of the enactment of this Act. (d) Limitation on removal An alien who appears to be prima facie eligible for status under this subtitle during the 24-month period following the date of enactment of this Act may not be removed or fined based on their immigration status— (1) during such period; and (2) in the case that the alien applies for status under this subtitle, until a final decision establishing ineligibility for such status is rendered. (e) Exception This section does not apply in the case of any alien with a valid Notice to Appear in immigration court or with a pending determination on their immigration status that is not decided before this date. 804. Program participation (a) In general Any applicant who is approved to participate in the Dignity Program shall make an appointment with USCIS who shall issue an order deferring further action for a period of 5 years. (b) Conditions Each participant in the Dignity Program shall conform to the following: (1) Report The participant shall biennially report to the Secretary of Homeland Security and provide the following information: (A) Place of residence. (B) Testimony as to good standing within the community. (2) Lawful conduct The participant shall comply with all Federal and State laws. (3) Employment The participant shall remain, for a period of not less than 4 years during their participation in the Dignity Program, employed (including self-employment and serving as a caregiver) or enrolled in a course of study at an institute of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), or an area career and technical education school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). The Secretary may waive the application of this paragraph in the case of any alien with dependents under the age of 12, any alien the Secretary determines would be unable to reasonably comply by reason of a disability or other impediment, or anyone above 65 years of age. (4) Taxes The participant shall pay any applicable taxes and satisfy any tax obligations outstanding within 10 years of the date of application approval. (5) Support dependents The participant shall support any dependents including by providing food, shelter, clothing, education, and covering basic medical needs. (6) Medical costs (A) In general The participant shall be enrolled under qualifying health coverage. (B) Definition For purposes of this paragraph, the term qualifying health coverage means, with respect to the participant, the higher of the following levels of coverage applicable to such alien: (i) At a minimum, catastrophic health insurance coverage that provides coverage of such individual with respect to at least the State of employment and State of residence of the alien. (ii) In the case of an alien whose State of residence or State of employment requires such an alien to maintain coverage under health insurance, such health insurance. (7) Public benefits Beginning on the date of participation in the Dignity Program, the participant shall not avail himself or herself of any Federal means-tested benefits or entitlement programs. For purposes of this paragraph, any benefits received by a child or dependent that is a United States citizen living in the same household shall not be taken into account. (8) Levy In addition to other taxes, there is hereby imposed on the income of every participant a tax equal to 1.5 percent of the adjusted gross income (as defined in section 3121(a) of the Internal Revenue Code of 1986) received by the individual with respect to employment (as defined in section 3121(b) the Internal Revenue Code of 1986). The participant shall comply with the requirements of section 9512 of the Internal Revenue Code of 1986. (9) Exemption from certain payroll taxes A participant shall not be liable for any tax under section 3101 or 3102 of the Internal Revenue Code of 1986. (c) Authorizing participants approved To participate in the Dignity Program To enlist in the armed forces (1) Waiver Under this provision, for any individual in the Dignity program that enlists in the Armed Forces, the conditions outlined in subsection (b) shall be waived during their service. (2) Completion of term of enlistment Upon completion of a term of enlistment, the requirements of the Dignity Program shall be satisfied for that individual, and that individual shall be eligible to adjust to lawful permanent resident status through the Armed Forces. (d) Violations If a participant violates a condition under subsection (b), the Secretary may at the Secretary’s discretion, waive enforcement of minor violations including late fees, take extenuating circumstances into effect, or consider factors of undue hardship, but in all other cases, the Secretary shall initiate removal proceedings. In such proceedings, the immigration judge may make a determination as to whether to order removal or to issue an order modifying the conditions of that participant’s participation in the Dignity Program. 805. Completion (a) In general Except as provided in subsection (c), upon satisfying the conditions set forth in subsection (b) and thereby successfully completing the Dignity Program, the participant may choose to adjust status to that of an alien lawfully admitted for permanent residence. (b) Completion The conditions set forth in this subsection for successful completion of the Dignity Program are as follows: (1) Compliance with all requirements of section 802(b)(1). (2) Compliance with the requirement of section 802(b)(3) for the entire period of the participation in the Dignity Program. (c) Limitation on applicability No alien may adjust status to that of an alien lawfully admitted for permanent residence under this section until the Comptroller General of the United States certifies to Congress that— (1) U.S. Customs and Border Protection has achieved detection and apprehension rate of 80 percent or higher for individuals attempting to cross the southern border of the United States unlawfully during the previous 12-month period; and (2) construction of the border wall along the border between the United States and Mexico that were underway or being planned for prior to January 20, 2021, has resumed in accordance with section 102(a)(1) of division A. C Agricultural Worker Program I Program for Earned Status Adjustment of Agricultural Workers 101. Short title This division may be cited as the Agricultural Worker Program Act of 2024 . 102. Blue card status (a) Requirements for blue card status Notwithstanding any other provision of law, the Secretary may grant blue card status to an alien who— (1) (A) has completed qualified work; (B) (i) is the spouse or child of an alien described in subparagraph (A); (ii) was physically present in the United States on or before the date of the enactment of this Act; and (iii) has maintained continuous presence in the United States from that date until the date on which the alien is granted blue card status; or (C) is, or has been, a nonimmigrant alien admitted to the United States for agricultural employment described in section 101(a)(15)(H)(ii)(a) of such Act who has completed qualified work; (2) is not ineligible under subsection (d)(2); (3) submits a completed application before the end of the period set forth in subsection (b)(3); (4) passes the national security and law enforcement clearances required under subsection (d)(1) to the satisfactory of the Secretary; and (5) pays the required processing fees and penalties in accordance with subsection (e). (b) Application (1) Submission requirements An alien described in subsection (a)(1) who is seeking blue card status shall submit an application— (A) to the Secretary, with the assistance of an attorney or a nonprofit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations; or (B) to a qualified entity if the applicant consents to the forwarding of the application to the Secretary. (2) Evidence of application filing As soon as practicable after receiving each application for blue card status under paragraph (1), the Secretary shall provide the applicant with a document acknowledging the receipt of such application. (3) Application period (A) Initial period Except as provided in subparagraphs (B) and (C), the Secretary shall accept applications for blue card status from aliens in the United States during the 18-month period beginning on the date on which the final rule is published in the Federal Register pursuant to subsection (j). (B) Exception Aliens described in subsection (a)(1)(C) may apply for blue card status from outside of the United States. (C) Extension If the Secretary determines, during the initial period described in subparagraph (A), that additional time is required to process applications for blue card status or for other good cause, the Secretary may extend the period for accepting applications for an additional 18 months. (4) Application (A) In general The application form referred to in paragraph (1) shall collect such information as the Secretary determines necessary and appropriate. (B) Family application The Secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien and his or her spouse and children who meet the requirements set forth in subsection (a)(1)(B). (5) Adjudication (A) Interview The Secretary may interview applicants for blue card status to determine whether they meet the eligibility requirements set forth in this section. (B) Failure to submit sufficient evidence The Secretary may deny an application for blue card status submitted by an alien who fails to submit evidence of the alien’s eligibility for such status. (C) Notice If the Secretary denies an application for blue card status, the Secretary shall— (i) send a written notice to the applicant that provides the applicant with the basis for denial; and (ii) provide the alien with an opportunity to cure the denial within a reasonable time. (D) Amended application An alien whose application for blue card status is denied under subparagraph (B) may submit an amended application for such status to the Secretary if the amended application— (i) is submitted within the application period described in paragraph (3); and (ii) contains all the required information and fees that were missing from the initial application. (E) Additional procedures The Secretary may utilize the procedures set forth in sections 103.2 and 103.3 of title 8, Code of Federal Regulations, as in effect on the date of the enactment of this Act, to adjudicate requests for blue card status to the extent such procedures are consistent with the requirements under this section. (6) Evidence of blue card status (A) In general The Secretary shall issue documentary evidence of blue card status to each alien whose application for such status has been approved. (B) Documentation features Documentary evidence provided under subparagraph (A)— (i) shall be machine-readable and tamper-resistant; (ii) shall contain a digitized photograph; (iii) shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States; (iv) may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(B) ); and (v) shall include such other features and information as the Secretary may prescribe. (c) Special rules for blue card applicants and aliens eligible for blue card status (1) Aliens apprehended before or during the application period If an alien, who is apprehended during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in paragraph (3), appears prima facie eligible for blue card status, the Secretary— (A) shall provide the alien with a reasonable opportunity to submit an application for such status under this section during such application period; and (B) may not remove the individual until a final administrative determination is made on the application. (2) Aliens in removal proceedings Notwithstanding any other provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) if an alien is in removal, deportation, or exclusion proceedings during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in subsection (b)(3) and is prima facie eligible for blue card status under this section, upon motion by the Secretary and with the consent of the alien or upon motion by the alien, the Executive Office for Immigration Review shall— (A) terminate such proceedings without prejudice to future proceedings; and (B) permit the alien a reasonable opportunity to apply for such status. (3) Treatment of aliens previously ordered removed (A) In general If an alien who meets the eligibility requirements set forth in subsection (a) is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act— (i) notwithstanding such order or section 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(5) ), the alien may apply for blue card status under this section; and (ii) if the alien is granted such status, the alien may file a motion to reopen the exclusion, deportation, removal, or voluntary departure order, which motion shall be granted. (B) Limitations on motions to reopen The limitations on motions to reopen set forth in section 240(c)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7) ) shall not apply to motions filed under subparagraph (A)(ii). (4) Period pending adjudication of application During the period beginning on the date on which an alien applies for blue card status under this section and ending on the date on which the Secretary makes a final decision regarding such application, the alien— (A) is eligible to apply for advance parole; (B) may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for blue card status under subsection (d)(2); (C) shall not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); and (D) shall not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )). (5) Effect of departure Section 101(g) of the Immigration and Nationality Act ( 8 U.S.C. 1101(g) ) shall not apply to an alien granted— (A) advance parole under paragraph (4)(A) to reenter the United States; or (B) blue card status. (6) Protection from detention or removal during blue card status An alien granted blue card status under this section may not be detained by the Secretary or removed from the United States unless— (A) the alien is removable under section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 ); or (B) the alien’s blue card status has been revoked. (7) Duration of status Beginning on the date that is eight years after the date on which regulations are published under subsection (j), no alien may remain in blue card status. (d) Required background investigations and ineligibility (1) In general (A) Biometric and biographic data The Secretary may not grant blue card status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary. (B) Alternative procedures The Secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph (A) because of a physical impairment. (C) Data collection The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate in order to conduct a background investigation and determine the alien’s eligibility for blue card status. (2) Grounds for ineligibility (A) In general Except as provided in subparagraph (B), an alien is ineligible for blue card status if the Secretary determines that the alien— (i) has a conviction for— (I) an offense classified as a felony in the convicting jurisdiction (other than a State or local offense for which an essential element was the alien’s immigration status, or a violation of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. )); (II) an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) at the time of the conviction); (III) 3 or more misdemeanor offenses (other than minor traffic offenses or State or local offenses for which an essential element was the alien’s immigration status, or violations of the Immigration and Nationality Act) if the alien was convicted on different dates for each of the 3 offenses; (IV) any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), excluding the paragraphs set forth in clause (ii), or removable under section 237(a) of such Act ( 8 U.S.C. 1227(a) ), except as provided in paragraph (3) of such section 237(a); or (V) unlawful voting (as defined in section 237(a)(6) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(6) )); (ii) is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except that in determining an alien’s inadmissibility— (I) paragraphs (4), (5), (7), and (9)(B) of such section 212(a) shall not apply; (II) subparagraphs (A), (C), (D), (F), and (G) of such section 212(a)(6) and paragraphs (9)(C) and (10)(B) of such section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of the enactment of this Act; and (III) paragraphs (6)(B) and (9)(A) of such section 212(a) shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section; (iii) is an alien who the Secretary knows or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iv) of such Act); or (iv) was, on the date of the enactment of this Act— (I) an alien lawfully admitted for permanent residence; or (II) an alien admitted as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) or granted asylum under section 208 of such Act ( 8 U.S.C. 1158 ). (B) Waiver (i) In general The Secretary may waive the application of subparagraph (A)(i)(III) or any provision of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) that is not listed in clause (ii) on behalf of an alien for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest. Any discretionary authority to waive grounds of inadmissibility under such section 212(a) conferred under any other provision of the Immigration and Nationality Act shall apply equally to aliens seeking blue card status under this section. (ii) Exceptions The discretionary authority under clause (i) may not be used to waive— (I) subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I) of section 212(a)(2) of such Act; (II) section 212(a)(3) of such Act; or (III) subparagraph (A), (C), (D), or (E) of section 212(a)(10) of such Act. (C) Conviction explained For purposes of this paragraph, the term conviction does not include a judgment that has been expunged, set aside, or the equivalent. (D) Rule of construction Nothing in this paragraph may be construed to require the Secretary to commence removal proceedings against an alien. (e) Fees and penalties (1) Standard processing fee Aliens 16 years of age or older who are applying for blue card status under this subsection, or for an extension of such status, shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary. (2) Recovery of costs The processing fee authorized under paragraph (1) shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred— (A) to adjudicate the application; (B) to take and process biometric data; (C) to perform national security and criminal checks, including adjudication; (D) to prevent and investigate fraud; and (E) to administer the collection of such fee. (3) Authority to limit fees The Secretary may issue regulations— (A) to limit the maximum processing fee payable under this subsection by a family, including spouses and unmarried children younger than 21 years of age; and (B) to exempt defined classes of individuals from the payment of the fee required under paragraph (1). (4) Penalty In addition to the processing fee required under paragraph (1), aliens applying for blue card status under this subsection who are 21 years of age or older shall pay a $100 penalty to the Department of Homeland Security. (5) Deposit and use of processing fees and penalties Fees and penalties authorized under this subsection— (A) shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ); and (B) shall remain available until expended pursuant to section 286(n) of such Act. (f) Terms and conditions of blue card status (1) Conditions of blue card status (A) Employment Notwithstanding any other provision of law, including section 241(a)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(7) ), an alien with blue card status shall be authorized to be employed in the United States while in such status. (B) Travel outside the united states An alien with blue card status— (i) may travel outside of the United States, including commuting to the United States from a residence in a foreign country; and (ii) may be admitted upon returning to the United States without having to obtain a visa if— (I) the alien is in possession of— (aa) valid, unexpired documentary evidence of blue card status that complies with subsection (b)(6)(B); or (bb) a travel document that has been approved by the Secretary and was issued to the alien after the alien’s original documentary evidence was lost, stolen, or destroyed; (II) the alien’s absence from the United States did not exceed 180 days, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control; and (III) the alien establishes that he or she is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ). (C) Admission An alien granted blue card status shall be considered to have been admitted in such status as of the date on which the alien’s application was submitted. (D) Clarification of status An alien granted blue card status shall be considered lawfully admitted to the United States. (2) Revocation (A) In general The Secretary may revoke blue card status at any time after providing appropriate notice to the alien, and after the exhaustion or waiver of all applicable administrative review procedures if the alien— (i) no longer meets the eligibility requirements for blue card status; (ii) knowingly used documentation issued under this section for an unlawful or fraudulent purpose; or (iii) was absent from the United States for— (I) any single period longer than 180 days in violation of the requirement under paragraph (1)(B)(ii)(II); or (II) for more than 180 days in the aggregate during any calendar year, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control. (B) Additional evidence (i) In general In determining whether to revoke an alien’s status under subparagraph (A), the Secretary may require the alien— (I) to submit additional evidence; and (II) to appear for an interview. (ii) Effect of noncompliance The blue card status of an alien who fails to comply with any requirement imposed by the Secretary under clause (i) shall be revoked unless the alien demonstrates to the Secretary’s satisfaction that such failure was reasonably excusable. (C) Invalidation of documentation If an alien’s blue card status is revoked pursuant to subparagraph (A), any documentation issued by the Secretary to such alien under subsection (b)(6) shall automatically be rendered invalid for any purpose except for departure from the United States. (3) Ineligibility for public benefits An alien who has been granted blue card status is not eligible for the Federal means-tested public benefits unavailable to qualified aliens under section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 )). (4) Treatment of blue card status An alien granted blue card status shall be considered lawfully present in the United States for all purposes while such alien remains in such status, except that the alien— (A) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 ( 26 U.S.C. 36B ) for his or her coverage; (B) shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection (e) of such section; (C) shall be subject to the rules applicable to individuals who are not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(e) ); and (D) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 5000A(d)(3) ). (g) Provisions involving employers (1) Record of employment Employers of aliens granted blue card status shall provide the alien and the Secretary with a written record of employment each year the alien remains in such status. (2) Civil penalties (A) In general If the Secretary determines, after notice and an opportunity for a hearing, that an employer of an alien granted blue card status has knowingly failed to provide the record of employment required under paragraph (1) or has provided a false statement of material fact in such a record, the employer shall be subject to a civil penalty in an amount not to exceed $500 per violation. (B) Limitation The penalty under subparagraph (A) for failure to provide employment records shall not apply unless the alien has provided the employer with evidence of employment authorization described in subsection (b)(11). (C) Deposit of civil penalties Civil penalties collected under this paragraph shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ). (3) Continuing employment An employer that knows an alien employee is an applicant for blue card status or will apply for such status once the application period commences is not in violation of section 274A(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(2) ) if the employer continues to employ the alien pending the adjudication of the alien employee’s application. (4) Employer protections (A) Use of employment records Copies of employment records or other evidence of employment provided by an alien or by an alien’s employer in support of an alien’s application for blue card status may not be used in a civil or criminal prosecution or investigation of that employer under section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) or the Internal Revenue Code of 1986 for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the Secretary of such alien's prima facie eligibility determination. Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for blue card status shall not be subject to civil and criminal liability pursuant to such section 274A for employing such unauthorized aliens. (B) Limit on applicability The protections for employers and aliens under subparagraph (A) shall not apply if the aliens or employers submit employment records that are determined to be fraudulent. (h) Administrative and judicial review (1) In general Any administrative or judicial review of a determination regarding an application for blue card status shall comply with the requirements under this subsection. (2) Administrative review (A) Single level of appellate review The Secretary shall establish an appellate authority to provide for a single level of administration appellate review of a final agency determination. (B) Standard for review An administrative appellate review established under subparagraph (A) shall be based solely upon— (i) the administrative record established at the time of the determination regarding the application; and (ii) any additional or newly discovered evidence that was not available at the time of a final agency determination. (3) Judicial review Judicial review of a determination under this section shall be limited to the review of an order of removal under section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ). (i) Disclosures and privacy (1) Prohibited disclosures Except as otherwise provided in this subsection, no officer or employee of any Federal agency may— (A) use the information furnished in an application for lawful status under this section or section 245B of the Immigration and Nationality Act, for any purpose other than to make a determination on any application by the alien for any immigration benefit or protection; (B) make any publication through which information furnished by any particular applicant can be identified; or (C) permit anyone other than the sworn officers, employees, and contractors of such agency or of another entity approved by the Secretary to examine any individual application for lawful status under this section or such section 245B. (2) Required disclosures The Secretary shall provide the information furnished in an application filed under this section or section 245B of the Immigration and Nationality Act and any other information derived from such furnished information to— (A) a law enforcement agency, intelligence agency, national security agency, a component of the Department of Homeland Security, court, or grand jury, consistent with law, in connection with— (i) a criminal investigation or prosecution of any felony not related to the applicant’s immigration status; or (ii) a national security investigation or prosecution; and (B) an official coroner for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime. (3) Auditing and evaluation of information The Secretary may— (A) audit and evaluate information furnished as part of any application filed under this section or section 245B of the Immigration and Nationality Act for purposes of identifying immigration fraud or fraud schemes; and (B) use any evidence detected by means of audits and evaluations for purposes of investigating, prosecuting, referring for prosecution, or denying or terminating immigration benefits. (4) Privacy and civil liberties (A) In general The Secretary, in accordance with paragraph (1), shall require appropriate administrative and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to this section and section 245B of the Immigration and Nationality Act. (B) Assessments Notwithstanding the privacy requirements set forth in section 222 of the Homeland Security Act ( 6 U.S.C. 142 ) and the E–Government Act of 2002 ( Public Law 107–347 ), the Secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established under this section and section 245B of the Immigration and Nationality Act during the pendency of the final regulations to be issued pursuant to subsection (j). (j) Rulemaking Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue final regulations to implement this section. 103. Adjustment to permanent resident status (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: 245B. Adjustment to permanent resident status for agricultural workers (a) In general Except as provided in subsection (b), and not earlier than 5 years after the date of the enactment of the Agricultural Worker Program Act of 2024 , the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied: (1) Qualifying employment Except as provided in paragraph (3), the alien— (A) during the 8-year period beginning on the date of the enactment of the Agricultural Worker Program Act of 2024 , performed not less than 100 work days of agricultural employment during each of 5 years; or (B) during the 5-year period beginning on such date of enactment, performed not less than 150 work days of agricultural employment during each of 3 years. (2) Evidence An alien may demonstrate compliance with the requirement under paragraph (1) by submitting to the Secretary— (A) the alien’s record of employment (as described in section 101(d) of the Agricultural Worker Program Act of 2024 ); (B) documentation that may be submitted under subsection (e)(4); or (C) any other documentation designated by the Secretary for such purpose. (3) Extraordinary circumstances (A) In general In determining whether an alien has met the requirement under paragraph (1), the Secretary may credit the alien with not more than 12 additional months of agricultural employment in the United States to meet such requirement if the alien was unable to work in agricultural employment due to— (i) pregnancy, disabling injury, or disease established by the alien through medical records; (ii) illness, disease, or other special needs of the alien’s child established by the alien through medical records; (iii) severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period; or (iv) termination from agricultural employment, if the Secretary determines that— (I) the termination was without just cause; and (II) the alien was unable to find alternative agricultural employment after a reasonable job search. (B) Effect of determination A determination under subparagraph (A)(iv), with respect to an alien, shall not be conclusive, binding, or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party. (4) Application period The alien applies for adjustment of status before the expiration of the alien’s blue card status. (5) Fine The alien pays a fine of $400 to the Secretary, which shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). (b) Grounds for denial of adjustment of status (1) In general The Secretary may not adjust the status of an alien granted blue card status if the alien— (A) is no longer eligible for blue card status; or (B) failed to perform the qualifying employment required under subsection (a)(1), after considering any amount credited by the Secretary under subsection (a)(3). (2) Maintenance of waivers of inadmissibility The grounds of inadmissibility set forth in section 212(a) that were previously waived for the alien or made inapplicable shall not apply for purposes of the alien’s adjustment of status under this section. (3) Pending revocation proceedings If the Secretary has notified the applicant that the Secretary intends to revoke the applicant’s blue card status, the Secretary may not approve an application for adjustment of status under this section unless the Secretary makes a final determination not to revoke the applicant’s status. (4) Payment of taxes (A) In general An alien may not file an application for adjustment of status under this section unless the applicant has satisfied any applicable Federal tax liability. (B) Definition of applicable federal tax liability In this paragraph, the term applicable federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986 since the date on which the applicant was authorized to work in the United States in blue card status. (C) Compliance An alien may demonstrate compliance with subparagraph (A) by submitting such documentation as the Secretary, in consultation with the Secretary of the Treasury, may require by regulation. (c) Spouses and children Notwithstanding any other provision of law, the Secretary shall grant permanent resident status to the spouse or child of an alien whose status was adjusted under subsection (a) if— (1) the spouse or child (including any individual who was a child on the date such alien was granted blue card status) applies for or received such status; (2) the principal alien includes the spouse and children in an application for adjustment of status to that of a lawful permanent resident; and (3) the spouse or child is not ineligible for such status. (d) Numerical limitations The numerical limitations under sections 201 and 202 shall not apply to the adjustment of aliens to lawful permanent resident status under this section. (e) Submission of applications (1) Interview The Secretary may interview applicants for adjustment of status under this section to determine whether the alien meets the eligibility requirements set forth in this section. (2) Fees (A) In general Applicants for adjustment of status under this section shall pay a processing fee to the Secretary in an amount that will ensure the recovery of the full costs of adjudicating such applications, including— (i) the cost of taking and processing biometric data; (ii) expenses relating to prevention and investigation of fraud; and (iii) costs relating to the collection of such fee. (B) Authority to limit fees The Secretary, by regulation— (i) may limit the maximum processing fee payable under this paragraph by a family, including spouses and children; and (ii) may exempt defined classes of individuals from the payment of the fee under subparagraph (A). (3) Disposition of fees All fees collected under paragraph (2)(A)— (A) shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m); and (B) shall remain available until expended pursuant to section 286(n). (4) Documentation of work history (A) Burden of proof An alien applying for blue card status under section 102 of the Agricultural Worker Program Act of 2024 or for adjustment of status under subsection (a) shall provide evidence that the alien has worked the requisite number of hours or days required under subsection (a)(1) of such section 102 or subsection (a)(1) of this section, as applicable. (B) Timely production of records If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien’s burden of proof under subparagraph (A) may be met by securing timely production of those records under regulations to be promulgated by the Secretary. (C) Sufficient evidence An alien may meet the burden of proof under subparagraph (A) to establish that the alien has performed the days or hours of work referred to in subparagraph (A) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. (f) Penalties for false statements in applications (1) Criminal penalty Any person who— (A) files an application for blue card status under section 102 of the Agricultural Worker Program Act of 2024 or for an adjustment of status under this section and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or (B) creates or supplies a false writing or document for use in making such an application, shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both. (2) Inadmissibility An alien who is convicted of a crime described in paragraph (1) shall be deemed inadmissible to the United States on the ground described in section 212(a)(6)(C)(i). (3) Deposit Fines collected under paragraph (1) shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). (g) Eligibility for legal services Section 504(a)(11) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 ( Public Law 104–134 ; 110 Stat. 1321–55) may not be construed to prevent a recipient of funds under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ) from providing legal assistance directly related to an application for blue card status under section 41101 of the Agricultural Worker Program Act of 2024 , to an individual who has been granted blue card status, or for an application for an adjustment of status under this section. (h) Administrative and judicial review Aliens applying for blue card status under section 102 of the Agricultural Worker Program Act of 2024 or for adjustment to permanent resident status under this section shall be entitled to the rights and subject to the conditions applicable to other classes of aliens under section 242. . (b) Conforming amendment Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended— (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following: (E) Aliens granted lawful permanent resident status under section 245B. . (c) Clerical amendment The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 note) is amended by inserting after the item relating to section 245A the following: Sec. 245B. Adjustment to permanent resident status for agricultural workers. . 104. Use of information Beginning not later than the first day of the application period described in section 102(b)(3), the Secretary, in cooperation with qualified designated entities, shall broadly disseminate information regarding— (1) the benefits that aliens may receive under this title and the amendments made by this title; and (2) the requirements that an alien is required to meet to receive such benefits. 105. Reports on blue cards Not later than six months after the publication of the final rule under section 102(j), and annually thereafter for the following eight years, the Secretary shall submit a report to Congress that identifies, for the previous fiscal year— (1) the number of aliens who applied for blue card status; (2) the number of aliens who were granted blue card status; (3) the number of aliens who applied for an adjustment of status pursuant to section 245B(a) of the Immigration and Nationality Act; and (4) the number of aliens who received an adjustment of status pursuant such section 245B(a). 106. Authorization of appropriations There are authorized to be appropriated to the Secretary such amounts as may be necessary to implement this title, including any amounts needed for costs associated with the initiation of such implementation during fiscal years 2025 and 2026. II Correction of Social Security records 201. Correction of Social Security records (a) In general Section 208(e)(1) of the Social Security Act ( 42 U.S.C. 408(e)(1) ) is amended— (1) in subparagraph (B)(ii), by striking or at the end; (2) in subparagraph (C), by inserting or at the end; (3) by inserting after subparagraph (C) the following: (D) who is granted blue card status under section 102 of the Agricultural Worker Program Act of 2024 , ; and (4) in the undesignated matter following subparagraph (D), as added by paragraph (3), by striking 1990. and inserting 1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred before the date on which the alien was granted blue card status under section 102(a) of the Agricultural Worker Program Act of 2024 . . (b) Effective date The amendments made by subsection (a) shall take effect on the first day of the seventh month that begins after the date of the enactment of this Act. III Definitions 301. Definitions In this division: (1) Agricultural employment The term agricultural employment has the meaning given such term in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 ), without regard to whether the specific service or activity is temporary or seasonal. (2) Blue card status The term blue card status means the status of an alien who has been lawfully admitted into the United States for temporary residence under section 41101. (3) Child The term child has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ). (4) Continuous presence An alien shall be deemed to have maintained continuous presence in the United States for purposes of section 102(a)(1)(B)(iii) if any absences from the United States during the applicable period were brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (5) Employer The term employer means any person or entity, including any farm labor contractor and any agricultural association, that employs workers in agricultural employment. (6) Qualified designated entity The term qualified designated entity means— (A) a qualified farm labor organization or an association of employers designated by the Secretary; or (B) any other entity that the Secretary designates as having substantial experience, demonstrated competence, and a history of long-term involvement in the preparation and submission of application for adjustment of status under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ). (7) Qualified work The term qualified work means work performed in agricultural employment in the United States for not fewer than 575 hours or 100 work days during the 2-year period ending on the date of the enactment of this Act. (8) Secretary The term Secretary means the Secretary of Homeland Security. (9) Work day The term work day means any day in which the individual is employed 5.75 or more hours in agricultural employment. D SAVE Act 101. Short title This Act may be cited as the Safeguard American Voter Eligibility Act or the SAVE Act . 102. Ensuring only citizens are registered to vote in elections for Federal office (a) Definition of documentary proof of United States citizenship Section 3 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20502 ) is amended— (1) by striking As used and inserting (a) In general .—As used ; and (2) by adding at the end the following: (b) Documentary proof of United States citizenship As used in this Act, the term documentary proof of United States citizenship means, with respect to an applicant for voter registration, any of the following: (1) A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States. (2) A valid United States passport. (3) The applicant's official United States military identification card, together with a United States military record of service showing that the applicant's place of birth was in the United States. (4) A valid government-issued photo identification card issued by a Federal, State or Tribal government showing that the applicant’s place of birth was in the United States. (5) A valid government-issued photo identification card issued by a Federal, State or Tribal government other than an identification described in paragraphs (1) through (4), but only if presented together with one or more of the following: (A) A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which— (i) was issued by the State, unit of local government, or Tribal government in which the applicant was born; (ii) was filed with the office responsible for keeping vital records in the State; (iii) includes the full name, date of birth, and place of birth of the applicant; (iv) lists the full names of one or both of the parents of the applicant; (v) has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born; (vi) includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and (vii) has the seal of the State, unit of local government, or Tribal government that issued the birth certificate. (B) An extract from a United States hospital Record of Birth created at the time of the applicant's birth which indicates that the applicant’s place of birth was in the United States. (C) A final adoption decree showing the applicant’s name and that the applicant’s place of birth was in the United States. (D) A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State. (E) A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal Government pursuant to the Immigration and Nationality Act. (F) An American Indian Card issued by the Department of Homeland Security with the classification ‘KIC’. . (b) In general Section 4 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503 ) is amended— (1) in subsection (a), by striking subsection (b) and inserting subsection (c) ; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following new subsection: (b) Requiring applicants To present documentary proof of United States citizenship Under any method of voter registration in a State, the State shall not accept and process an application to register to vote in an election for Federal office unless the applicant presents documentary proof of United States citizenship with the application. . (c) Registration with application for motor vehicle driver’s license Section 5 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504 ) is amended— (1) in subsection (a)(1), by striking Each State motor vehicle driver's license application and inserting Subject to the requirements under section 8(j), each State motor vehicle driver's license application ; (2) in subsection (c)(1), by striking Each State shall include and inserting Subject to the requirements under section 8(j), each State shall include ; (3) in subsection (c)(2)(B)— (A) in clause (i), by striking and at the end; (B) in clause (ii), by adding and at the end; and (C) by adding at the end the following new clause: (iii) verify that the applicant is a citizen of the United States; ; (4) in subsection (c)(2)(C)(i), by striking (including citizenship) and inserting , including the requirement that the applicant provides documentary proof of United States citizenship ; and (5) in subsection (c)(2)(D)(iii), by striking ; and and inserting the following: , other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who knowingly attempts to register to vote and knowingly makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and . (d) Requiring documentary proof of United States citizenship with national mail voter registration form Section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 ) is amended— (1) in subsection (a)(1)— (A) by striking Each State shall accept and use and inserting Subject to the requirements under section 8(j), each State shall accept and use ; and (B) by striking Federal Election Commission and inserting Election Assistance Commission ; (2) in subsection (b), by adding at the end the following: The chief State election official of a State shall take such steps as may be necessary to ensure that residents of the State are aware of the requirement to provide documentary proof of United States citizenship to register to vote in elections for Federal office in the State. ; (3) in subsection (c)(1)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (C) the person did not provide documentary proof of United States citizenship when registering to vote. ; and (4) by adding at the end the following new subsection: (e) Ensuring proof of United States citizenship (1) Presenting proof of United States citizenship to election official An applicant who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a) shall not be registered to vote in an election for Federal office unless— (A) the applicant presents documentary proof of United States citizenship in person to the office of the appropriate election official not later than the deadline provided by State law for the receipt of a completed voter registration application for the election; or (B) in the case of a State which permits an individual to register to vote in an election for Federal office at a polling place on the day of the election and on any day when voting, including early voting, is permitted for the election, the applicant presents documentary proof of United States citizenship to the appropriate election official at the polling place not later than the date of the election. (2) Notification of requirement Upon receiving an otherwise completed mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a), the appropriate election official shall transmit a notice to the applicant of the requirement to present documentary proof of United States citizenship under this subsection, and shall include in the notice instructions to enable the applicant to meet the requirement. (3) Accessibility Each State shall, in consultation with the Election Assistance Commission, ensure that reasonable accommodations are made to allow an individual with a disability who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a) to present documentary proof of United States citizenship to the appropriate election official. . (e) Requirements for voter registration agencies Section 7 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506 ) is amended— (1) in subsection (a)— (A) in paragraph (4)(A), by adding at the end the following new clause: (iv) Receipt of documentary proof of United States citizenship of each applicant to register to vote in elections for Federal office in the State. ; and (B) in paragraph (6)— (i) in subparagraph (A)(i)(I), by striking (including citizenship) and inserting , including the requirement that the applicant provides documentary proof of United States citizenship ; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph: (B) ask the applicant the question, Are you a citizen of the United States? and if the applicant answers in the affirmative require documentary proof of United States citizenship prior to providing the form under subparagraph (C); ; and (2) in subsection (c)(1), by inserting who are citizens of the United States after for persons . (f) Requirements with respect to administration of voter registration Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) is amended— (1) in subsection (a)— (A) by striking In the administration of voter registration and inserting Subject to the requirements of subsection (j), in the administration of voter registration ; and (B) in paragraph (3)— (i) in subparagraph (B), by striking or at the end; and (ii) by adding at the end the following new subparagraphs: (D) based on documentary proof or verified information that the registrant is not a United States citizen; or (E) the registration otherwise fails to comply with applicable State law; ; (2) by redesignating subsection (j) as subsection (l); and (3) by inserting after subsection (i) the following new subsections: (j) Ensuring only citizens are registered to vote (1) In general Notwithstanding any other provision of this Act, a State may not register an individual to vote in elections for Federal office held in the State unless, at the time the individual applies to register to vote, the individual provides documentary proof of United States citizenship. (2) Additional processes in certain cases (A) Process for those without documentary proof (i) In general Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant who cannot provide documentary proof of United States citizenship under paragraph (1) may, if the applicant signs an attestation under penalty of perjury that the applicant is a citizen of the United States and eligible to vote in elections for Federal office, submit such other evidence to the appropriate State or local official demonstrating that the applicant is a citizen of the United States and such official shall make a determination as to whether the applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State. (ii) Affidavit requirement If a State or local official makes a determination under clause (i) that an applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State, such determination shall be accompanied by an affidavit developed under clause (iii) signed by the official swearing or affirming the applicant sufficiently established United States citizenship for purposes of registering to vote. (iii) Development of affidavit by the Election Assistance Commission The Election Assistance Commission shall develop a uniform affidavit for use by State and local officials under clause (ii), which shall— (I) include an explanation of the minimum standards required for a State or local official to register an applicant who cannot provide documentary proof of United States citizenship to vote in elections for Federal office in the State; and (II) require the official to explain the basis for registering such applicant to vote in such elections. (B) Process in case of certain discrepancies in documentation Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant can provide such additional documentation to the appropriate election official of the State as may be necessary to establish that the applicant is a citizen of the United States in the event of a discrepancy with respect to the applicant’s documentary proof of United States citizenship. (3) State requirements Each State shall take affirmative steps on an ongoing basis to ensure that only United States citizens are registered to vote under the provisions of this Act, which shall include the establishment of a program described in paragraph (4) not later than 30 days after the date of the enactment of this subsection. (4) Program described A State may meet the requirements of paragraph (3) by establishing a program under which the State identifies individuals who are not United States citizens using information supplied by one or more of the following sources: (A) The Department of Homeland Security through the Systematic Alien Verification for Entitlements ( SAVE ) or otherwise. (B) The Social Security Administration through the Social Security Number Verification Service, or otherwise. (C) State agencies that supply State identification cards or driver’s licenses where the agency confirms the United States citizenship status of applicants. (D) Other sources, including databases, which provide confirmation of United States citizenship status. (5) Availability of information (A) In general At the request of a State election official (including a request related to a process established by a State under paragraph (2)(A) or (2)(B)), any head of a Federal department or agency possessing information relevant to determining the eligibility of an individual to vote in elections for Federal office shall, not later than 24 hours after receipt of such request, provide the official with such information as may be necessary to enable the official to verify that an applicant for voter registration in elections for Federal office held in the State or a registrant on the official list of eligible voters in elections for Federal office held in the State is a citizen of the United States, which shall include providing the official with such batched information as may be requested by the official. (B) Use of SAVE system The Secretary of Homeland Security may respond to a request received under paragraph (1) by using the system for the verification of immigration status under the applicable provisions of section 1137 of the Social Security Act ( 42 U.S.C. 1320b-7 ), as established pursuant to section 121(c) of the Immigration Reform and Control Act of 1986 ( Public Law 99–603 ). (C) Sharing of information The heads of Federal departments and agencies shall share information with each other with respect to an individual who is the subject of a request received under paragraph (A) in order to enable them to respond to the request. (D) Investigation for purposes of removal The Secretary of Homeland Security shall conduct an investigation to determine whether to initiate removal proceedings under section 239 of the Immigration and Nationality Act ( 8 U.S.C. 1229 ) if it is determined pursuant to subparagraph (A) or (B) that an alien (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )) is unlawfully registered to vote in elections for Federal office. (E) Prohibiting fees The head of a Federal department or agency may not charge a fee for responding to a State’s request under paragraph (A). (k) Removal of noncitizens from registration rolls A State shall remove an individual who is not a citizen of the United States from the official list of eligible voters for elections for Federal office held in the State at any time upon receipt of documentation or verified information that a registrant is not a United States citizen. . (g) Clarification of authority of State To remove noncitizens from official list of eligible voters (1) In general Section 8(a)(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(4) ) is amended— (A) by striking or at the end of subparagraph (A); (B) by adding or at the end of subparagraph (B); and (C) by adding at the end the following new subparagraph: (C) documentary proof or verified information that the registrant is not a United States citizen; . (2) Conforming amendment Section 8(c)(2)(B)(i) of such Act ( 52 U.S.C. 20507(c)(2)(B)(i) ) is amended by striking (4)(A) and inserting (4)(A) or (C) . (h) Requirements with respect to Federal mail voter registration form (1) Contents of mail voter registration form Section 9(b) of such Act ( 52 U.S.C. 20508(b) ) is amended— (A) in paragraph (2)(A), by striking (including citizenship) and inserting (including an explanation of what is required to present documentary proof of United States citizenship) ; (B) in paragraph (3), by striking and at the end; (C) in paragraph (4), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new paragraph: (5) shall include a section, for use only by a State or local election official, to record the type of document the applicant presented as documentary proof of United States citizenship, including the date of issuance, the date of expiration (if any), the office which issued the document, and any unique identification number associated with the document. . (2) Information on mail voter registration form Section 9(b)(4) of such Act ( 52 U.S.C. 20508(b)(4) ) is amended— (A) by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; and (B) in subparagraph (C) (as so redesignated and as amended by paragraph (1)(C)), by striking ; and and inserting the following: , other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who attempts to register to vote and makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and . (i) Private right of action Section 11(b)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20510(b)(1) ) is amended by striking a violation of this Act and inserting a violation of this Act, including the act of an election official who registers an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship, . (j) Criminal penalties Section 12(2) of such Act ( 52 U.S.C. 20511(2) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting after subparagraph (A) the following new subparagraphs: (B) in the case of an officer or employee of the executive branch, providing material assistance to a noncitizen in attempting to register to vote or vote in an election for Federal office; (C) registering an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship; or . (k) Applicability of requirements to certain States (1) In general Subsection (c) of section 4 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503 ), as redesignated by subsection (b), is amended by striking This Act does not apply to a State and inserting Except with respect to the requirements under subsection (i) and (j) of section 8 in the case of a State described in paragraph (2), this Act does not apply to a State . (2) Permitting States to adopt requirements after enactment Section 4 of such Act ( 52 U.S.C. 20503 ) is amended by adding at the end the following new subsection: (d) Permitting States To adopt certain requirements after enactment Subsections (i) and (j) of section 8 shall not apply to a State described in subsection (c)(2) if the State, by law or regulation, adopts requirements which are identical to the requirements under such subsections not later than 60 days prior to the date of the first election for Federal office which is held in the State after the date of the enactment of the SAVE Act. . 103. Election Assistance Commission guidance Not later than 10 days after the date of the enactment of this Act, the Election Assistance Commission shall adopt and transmit to the chief State election official of each State guidance with respect to the implementation of the requirements under the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ), as amended by section 102. 104. Inapplicability of Paperwork Reduction Act Subchapter I of chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act ) shall not apply with respect to the development or modification of voter registration materials under the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ), as amended by section 102, including the development or modification of any voter registration application forms. 105. Duty of Secretary of Homeland Security to notify election officials of naturalization Upon receiving information that an individual has become a naturalized citizen of the United States, the Secretary of Homeland Security shall promptly provide notice of such information to the appropriate chief election official of the State in which such individual is domiciled. 106. Rule of construction regarding provisional ballots Nothing in this division or in any amendment made by this division may be construed to supercede, restrict, or otherwise affect the ability of an individual to cast a provisional ballot in an election for Federal office or to have the ballot counted in the election if the individual is verified as a citizen of the United States pursuant to section 8(j) of the National Voter Registration Act of 1993 (as added by section 102(f)). 107. Rule of construction regarding effect on State exemptions from other Federal laws Nothing in this division or in any amendment made by this division may be construed to affect the exemption of a State from any requirement of any Federal law other than the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ). 108. Effective date This division and the amendments made by this division shall take effect on the date of the enactment of this Act, and shall apply with respect to applications for voter registration which are submitted on or after such date.