CD302: The Border Bills

This election has featured a lot of talk about ‘immigration’ and ‘the border’ but has been short on specifics. In this episode, you’ll get those specifics. Specifically, you’ll learn what was in H.R. 2, a Republican bill passed by the House, and you’ll learn what was in the so-called bipartisan border bill which was killed by Donald Trump’s loyalists in the Senate and which Kamala Harris has promised to revive as President. Which bill would actually solve the problems?

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View the show notes on our website at https://congressionaldish.com/cd302-the-border-bills

Background Sources

Recommended Congressional Dish Episodes

CD177: Immigrant Family Separations

Current Immigration Process

Visas

“Immigrant Investor Visas.” Accessed October 22, 2024. U.S. Department of State, Bureau of Consular Affairs.

“The Latest USCIS Processing Times – 2024.” Accessed October 22, 2024. Boundless.

“The Diversity Visa Lottery, Explained.” Accessed October 22, 2024. Boundless.

“Diversity Immigrant Visa Program (Green Card Lottery).” October 22, 2024. USAGov.

“Visa Bulletin For October 2024.” September 3, 2024. U.S. Department of State, Bureau of Consular Affairs.

Asylum

“Refugee admissions are increasing after a 40-year low in 2021.” August 1, 2024. USAFacts.

“Biden imposes sweeping asylum ban at US-Mexico border.” Ted Hesson and Mica Rosenberg. June 5, 2024. Reuters.

“U.S. Annual Refugee Resettlement Ceilings and Number of Refugees Admitted, 1980-Present.” Accessed October 22, 2024. Migration Policy Institute.

Unauthorized Immigration

“Migrant encounters at U.S.-Mexico border have fallen sharply in 2024.” John Gramlich. October 1, 2024. Pew Research Center.

“What we know about unauthorized immigrants living in the U.S.” Jeffrey S. Passel and Jens Manuel Krogstad. July 22, 2024. Pew Research Center.

Backlog

“Immigration Court Backlog Tops 3 Million; Each Judge Assigned 4,500 Cases.” December 18, 2023. TRAC Immigration.

Immigrant Detention

“Unchecked Growth: Private Prison Corporations and Immigration Detention, Three Years into the Biden Administration.” Eunice Cho. August 7, 2023. American Civil Liberties Union.

Irwin County Detention Center

“Hearing: Medical Mistreatment of Women in ICE Detention.” November 15, 2022. Senate Committee on Homeland Security and Governmental Affairs, Permanent Subcommittee on Investigations.

“Ossoff to present findings of investigation into abuse, unnecessary gynecological procedures at Georgia ICE facility.” Jonathan Raymond. November 15, 2022. 11 ALIVE.

“US Ends Use Of Irwin County Detention Center After Accusations Of Mistreatment.” May 20, 2021. WABE.

“ICE to close Georgia detention center where immigrant women alleged medical abuse.” Molly O’Toole. May 20, 2021. The LA Times.

C. Carlos Carreiro Immigration Detention Center in Bristol County, MA

“ICE ends relationship with Bristol County Sheriff Hodgson, citing mistreatment of detainees.” Ben Berke. May 21, 2021. The Public’s Radio.

“Investigation into the Events of May 1, 2020 at the C. Carlos Carreiro Immigration Detention Center, Unit B, Bristol County Sheriff’s Office.” December 15, 2020. Office of the Massachusetts Attorney General Civil Rights Division.

Etowah County Detention Center in Gadsden, Alabama

“Final ICE detainees removed from Etowah County Detention Center.” Erin Wise. April 15, 2022. ABC 33 40 News.

“U.S. to close, scale back four immigrant detention centers.” Ted Hesson and Mica Rosenberg. March 25, 2022. Reuters.

“ICE Withdrawing Detainees From Etowah County Detention Center, Cites ‘Serious Deficiencies.’” March 25, 2022. BirminghamWatch.

“ICE to close Etowah Detention Center.” March 25, 2022. U.S. Immigration and Customs Enforcement.

“‘The Worst Place Ever’ is ICE’s Etowah County Detention Center in Alabama.” Paul Moses. June 8, 2018. The Daily Beast.

Glades County Detention Center in Moore Haven, Florida

“‘No one should be treated this way’: Congressional Leaders Renew Call on Biden Administration to Close Troubled Florida ICE Prison.” February 2, 2022. Freedom for Immigrants.

“Letter to Secretary of Homeland Security Alejandro Mayorkas.” Debbie Wasserman Schultz et al. February 1, 2022.

South Texas Family Residential Center

“CoreCivic Inc: Summary.” Accessed October 22, 2024. OpenSecrets.

“ICE to close nation’s largest migrant detention center in South Texas.” Sandra Sanchez. Updated June 24, 2024. Border Report.

“US to close costly Texas immigration detention center and reroute funds.” Ted Hesson. June 10, 2024. Reuters.

Penalties for Illegally Entering Countries

“Punishment for Illegally Entering Countries 2024.” World Population Review.

Bipartisan Border Bill Failure

“Bipartisan border bill loses support, fails procedural vote in U.S. Senate.” Ariana Figueroa. May 24, 2024. Missouri Independent.

“The reward for Republicans who try to solve problems: humiliation.” Catherine Rampell. May 23, 2024. The Washington Post.

“Abandoned by his colleagues after negotiating a border compromise, GOP senator faces backlash alone.” Mary Clare Jalonick and Stephen Groves. February 7, 2024. AP News.

“Senate Republicans block bipartisan border package, then scramble to find support for Ukraine aid.” Mary Clare Jalonick and Stephen Groves. February 7, 2024. AP News.

The Bills

H.R.2 - Secure the Border Act of 2023

• GovTrack Summary
• House Vote Breakdown

H.R. 2 Outline

Division A - Border Wall

• Would require the Secretary of Homeland Security to resume “all activities” related to constructing a border wall between the US and Mexico that were planned by the Trump administration.

  • Wall would have to be at least 900 miles long, and include not only a physical wall, but also surveillance towers, radars, seismic acoustic detection sensors, and 24 hour drone monitoring.

• Would require killing all carrizo cane and salt cedar plants along the Rio Grande River by releasing non-stinging wasps imported from Spain and France into the area.

• Would waive “all legal requirements” that would stand in the way of of building the wall.

Division B - Immigration Enforcement and Foreign Affairs

• Would make it illegal to process asylum claims of individuals who:

  • do not enter at official ports of entry.
  • crossed through another country on their way to the US and did not apply to live there and receive an official denial in each country they entered before entering the US.
  • have been convicted of misdemeanor offenses, allowing the Secretary of Homeland Security or Attorney General to add disqualifying acts without approval from Congress and no court reviews allowed.

• Would allow the Secretary of Homeland Security to take away the authorization for an individual who has been accepted into the US through the asylum process to work legally in the US.

  • Work permits would only be authorized for 6 months at a time.

• Would reopen detention centers that were closed by the Biden Administration.

Title V - Protection of Children

• Would require the DHS Secretary to return unaccompanied children back to their home countries if they are not trafficking victims and do not have a fear of Return.

• Would authorize immigration officers to withdraw a child’s application to be admitted into the United States regardless of the child’s ability or desire to do so.

• Would require the DHS to collect information - name, social security number, DOB, address, contact info, and immigration status - of people who will be taking custody of immigrant children. Within 30 days of receiving that information, if they determine that individual is not legally in the United States, must initiate removal proceedings.

• Would change the law so that these people have “access” to lawyers instead of having lawyers to represent them.

Title VI - Visa Overstay Penalties

• Would Increase fines for illegally entering the United States from $50-250 to $500-1000

• Would create new penalties for overstaying visas:

  • First offense: fines up to $1,000 or up to 6 months in prison, or both
  • Repeat offenses: fines up to $2,000 or up to 2 years in prison, or both

S.4361 - Border Act of 2024

• GovTrack Summary
• Senate Cloture Vote Breakdown

S.4361 Outline

Division A - Border Security & Combatting Fentanyl Supplemental Appropriations

• $6.3 billion to border patrol.

• $6 billion to Immigration and Customs Enforcement.

  • ~$2.4 billion for deportations.
  • ~$1.6 billion for prisons (the goal in the bill is for ICE to be able to detain 46,500 humans at all times).
  • ~$1.2 billion for services to help people navigate the immigration and asylum system, and to help people leave the country if denied visas (“Alternatives to Detention program”).
  • ~$415 million to hire more ICE agents (goal is to hire 800 more agents).
  • ~$200 million for counter fentanyl investigations.

• ~$4 billion to US Citizenship and Immigration Services

  • with most going towards hiring more staff.

• ~ $1.2 billion to the State Department

  • $850 million for “humanitarian needs in the Western Hemisphere” to reduce migration (with the idea being that if their home countries are less dangerous, then people won’t want to come here as often)
  • $230 million to pay other countries to accept deported individuals.

• $440 million, most of which would be spent on Immigration Judge Teams which include lawyers, court administrators, staff, and court costs.

• Would expand the number of border patrol and ICE officers authorized to issue a notice to appear, reducing the workload of the judges.

• Would allow protection determination proceedings to take place in any federally owned or leased building that is not property owned, leased or managed by ICE or border patrol and is “a reasonable distance” from the migrants current residence, expanding the locations where the cases can be heard beyond the already too crowded court buildings.

Division B - Border Act

Title I - Capacity Building

• For five years:

  • would give the Secretary of Homeland Security the authority to appoint people to positions within the Refugee, Asylum, and International Operation Directorate, the Field Operations Directorate, and the Service Center Operations Directorate of US Citizenship and Immigration Services if the Secretary determines that a critical hiring need exists.
  • would give the Secretary of Homeland Security the authority to appoint ICE deportation officers if the Secretary determines that a critical hiring need exists.

• Would provide a permanent authority for the DHS Secretary to re-hire a former employee to any position in ICE, Border Patrol, or US Citizenship & Immigration Services.

• Would give asylum officers a 15% pay raise.

• Would require annual training for border patrol officers about the law, de- escalation techniques, and migrant and agent safety measures.

Title III - Securing America

• For three years, the Secretary of Homeland Security would be given the authority “in the Secretary’s sole and unreviewable discretion” to declare a “border emergency” and remove any migrant who doesn’t have pre-determined permission to enter the United States or doesn’t present themselves at a port of entry in accordance with a process approved by the DHS Secretary.

Title IV - Promoting Legal Immigration

• Would set up a special process to more easily admit no more than 10,000 refugees who worked with the United States from Afghanistan.

• Would allow the spouse, fiancé, or child of an admitted migrant to join them in the United States and receive employment authorizations.

• Would slightly increase the number of visas for family members that would be issued in years 2025 through 2029 (512,000 instead of 480,000 = ~ 6% increase).

Audio Sources

Kamala Harris Accepts Democratic Presidential Nomination

August 22, 2024

29:45 Vice President Kamala Harris: And let me be clear. After decades in law enforcement, I know the importance of safety and security, especially at our border. Last year, Joe and I brought together Democrats and conservative Republicans to write the strongest border bill in decades. The Border Patrol endorsed it. But Donald Trump believes a border deal would hurt his campaign. So he ordered his allies in Congress to kill the deal. Well, I refuse to play politics with our security. Here is my pledge to you: As President, I will bring back the bipartisan border security bill that he killed. And I will sign it into law.

Donald Trump's 2024 RNC Speech

July 18, 2024

Jen’s Highlighted Transcript

Strengthening and Reforming America’s Immigration Court System

April 18, 2018
Senate Judiciary Committee, Subcommittee on Border Security and Immigration

Witness:

• James McHenry, Director, Executive Office for Immigration Review, U.S. Department of Justice

Clips

2:42 Sen. John Cornyn (R-TX): Earlier administrations, both Republican and Democrat, have struggled with how to reduce the case backlogs in the immigration courts. And, unfortunately, Congress has never provided the full extent of immigration judges and support staff truly needed to eliminate the backlogs. As a result, backlogs continue to grow, from 129,000 cases in fiscal 1998 to a staggering 684,000 as of February 2018.

3:27 Sen. John Cornyn (R-TX): Aliens in removal proceedings sometimes wait for years before they ever appear before an immigration judge. For example, as of February 2018 courts in Colorado have the longest time for cases sitting on their docket more than 1,000 days -- almost three years. In my home state of Texas, the current wait is 884 days -- almost two and a half years.

28:45 James McHenry: A typical immigration court proceeding has two stages, or two parts. The first is the determination of removability. The Department of Homeland Security brings charges and allegations that an alien has violated the immigration laws. The judge, the immigration judge, first has to determine whether that charge is sustained, and that will be based on the factual allegations that are brought, so the judge will make determinations on that. If there is a finding that the alien is removable, then the case proceeds to a second phase. If the judge finds the alien is not removable, then the case is terminated. At the second phase, the immigration judge gives the alien an opportunity to apply for any protection or relief from removal that he or she may be eligible for under the Immigration and Nationality Act. This will involve the setting of a separate hearing at which the respondent may present evidence, they may present witnesses, they have the right to cross-examine witnesses brought by the department, and they will bring up whatever factual bases there is for their claim of relief or protection. At the end of that hearing, the immigration judge will assess the evidence, will assess the testimony, will look at the law, and will render a decision. The judge may either grant the application, in which case the respondent will get to remain in the United States. The judge may deny the application but give the respondent an opportunity to voluntarily depart at their own expense and sometimes after paying a bond, or the immigration judge may order the alien removed.

41:50 Senator Mike Lee (R-UT): I believe you recently testified in front of the House Judiciary Committee that it would take about 700 immigration judges in order to be able to address the backlog and address the current case load. Is that correct? James McHenry: Yeah, last fall the president proposed adding additional immigration judges, up to a number of 700. If we can get 700 on board, especially with our performance measures, we could complete over 450,000 cases a year. That would eviscerate the backlog. Sen. Mike Lee (R-UT): So, 700 would do it….

End of Episode Announcements

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