Overview
Title
To secure the border and reform the immigration laws, and for other purposes.
ELI5 AI
H.R. 10034 is a plan to keep the border safe and change immigration rules, like building a wall and allowing some people to become legal residents, but it might cost a lot and cause worries about spending money wisely.
Summary AI
H.R. 10034 aims to improve border security and reform immigration laws in the United States. The bill proposes constructing a border wall and deploying technology to monitor the Southern border, restricting certain COVID-19 policies, and limiting the use of the CBP One app. It introduces the "Dignity Program," allowing eligible undocumented immigrants to gain temporary legal status, work authorization, and eventually apply for permanent residency. Additionally, it sets penalties for visa overstays and attempts to ensure voting is restricted to U.S. citizens.
Published
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Bill Statistics
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Language
Complexity
AnalysisAI
The “Border Security and Immigration Reform Act” seeks to overhaul various aspects of the United States' immigration policies and border security efforts. At its core, the legislation mandates a series of measures ranging from the construction of barriers along the southern border to the reform of visa and asylum processes, the regulation of agricultural labor immigration, and changes to voter registration protocols. The bill attempts to address long-standing debates around immigration and security, albeit with some significant and potentially controversial provisions.
General Summary
The bill can be broadly categorized into distinct divisions concerning border security, immigration enforcement, agricultural worker programs, and voting security. In striving toward heightened border protection, the bill mandates the immediate resumption of border wall construction along the U.S.-Mexico boundary. It introduces measures to enhance technological capabilities at border crossings, mandates the hiring and retention of additional Border Patrol agents, and pursues strategic collaborations with countries in the Western Hemisphere.
For immigration enforcement, the bill significantly changes asylum eligibility and parole granting rules, further influencing how individuals seeking refuge are treated. A distinct focus is placed on reforming agricultural worker immigration through the "Dignity Program," which offers a path toward legal status for eligible individuals, while simultaneously introducing penalties for illegal visa overstays.
The voting aspect of the bill introduces stringent requirements for verifying voter eligibility, emphasizing the need for documentary proof of citizenship.
Significant Issues
Several issues arise from this bill, centered on potential overreach, financial inefficiency, and humanitarian concerns.
One prominent issue is the lack of clear cost allocations and justifications, especially in sections authorizing large sums for technological upgrades ($33 million and $125 million). Additionally, there are concerns about the privacy and financial implications of collecting DNA and biometric information without clear guidelines or funding sources.
Ethical and humanitarian implications emerge from the restrictions imposed on funding for organizations that may inadvertently assist aliens, potentially restricting access to humanitarian aid and services crucial for vulnerable populations.
There is also apprehension about limiting the use of technology like the CBP One app only for inspecting perishable cargo, which could hinder operational efficiency.
Impact on the Public
The bill’s design to tighten border security and meticulously scrutinize immigration processes could resonate with segments of the public concerned with issues of illegal immigration and national security. The streamlined voter registration processes could address worries about election integrity. Conversely, the stringent measures could face criticism for potentially infringing upon individual rights and curtailing humanitarian aid efforts.
The public might feel the bill’s impact through increased surveillance and data collection at borders and airports, alongside an intensified focus on immigration enforcement that might lead to family separations and prolonged detentions.
Impact on Stakeholders
Positively:
Government and Law Enforcement Agencies: The bill empowers these agencies with more resources and authority, potentially enhancing operational capability and control over immigration processes.
Entities Concerned with National Security: Stakeholders advocating for stringent control of immigration processes could see the bill as a step forward in protecting national interests and tight monitoring of migration.
Negatively:
Immigrant Communities: Enhanced border restrictions and stringent asylum requirements could deter desperate individuals and families seeking refuge from violence or persecution, exacerbating their plight.
Humanitarian Organizations: The prohibition against funding entities perceived to assist illegal entry could severely impact groups delivering aid and services.
Certain State Governments: States bordering Mexico could bear increased administrative and logistical burdens related to enforcing the provisions and managing increased caseloads of immigration-related activities.
The bill remains a comprehensive but polarizing legislative piece that lays down elaborate but contentious regulations. While aiming for greater control and systematic handling of immigration, it confronts challenges regarding ethical implications, financial prudence, and adverse effects on communities seeking the American dream.
Financial Assessment
In evaluating the financial implications of H.R. 10034, several sections of the bill provide detailed insight into spending and appropriations that are pivotal to its implementation. This commentary will focus on these financial elements and their connections to the identified issues.
Spending and Appropriations in the Bill
The bill outlines specific financial allocations intended to enhance border security and immigration management. A significant portion of the budget is earmarked for technological upgrades and personnel management within the U.S. Customs and Border Protection (CBP). This includes:
Section 106 authorizes a combined total of $158,000,000 for technology upgrades. This includes $33,000,000 to expand the integrated surveillance and intrusion detection systems by 2025, and $125,000,000 to upgrade license plate readers by 2026.
Section 107 allocates up to $100,000,000 to provide a retention bonus aimed at front-line U.S. Border Patrol agents. This is designed to incentivize agents with five or more years of service who commit to an additional two years of service.
Section 110 authorizes $110,000,000 annually from 2024 to 2028 for grants under the Operation Stonegarden program, which is focused on enhancing state and local law enforcement capabilities near the border.
Section 125 stipulates that $216,000,000 is authorized for Intelligence, Analysis, and Situational Awareness within the Department of Homeland Security.
Analysis of Financial Implications
The allocations within H.R. 10034 suggest a strong emphasis on enhancing the technological and human resource capabilities of the CBP. However, as highlighted in the issues, the financial scope and distribution raise questions about resource efficiency and the potential for wasteful spending:
Technology Upgrades and Appropriations (Section 106): The large sums proposed for technological enhancements, such as the $158,000,000 for surveillance systems and license plate readers, might seem excessive given the lack of a detailed breakdown or justification. This aligns with concerns about potentially wasteful expenditure without a transparent cost-benefit analysis. The bill could benefit from demonstrating how this investment specifically addresses security improvements and operational efficiency.
Restrictions on Funding (Section 114): The bill restricts funding for nongovernmental organizations believed to assist in illegal activities, yet it does not clarify how this will affect those providing legitimate humanitarian services. Without clear definitions, essential services might inadvertently be impacted, raising concerns about ethical considerations and humanitarian responsibilities.
Collection of DNA and Biometric Information (Section 115): The absence of detailed requirements and financial scope for collecting DNA and biometric data creates ambiguity regarding privacy protection and cost management. A clear outline of expenses and privacy safeguards could address the financial concerns associated with implementing these procedures.
Overall, while H.R. 10034 aims to bolster border security through substantial financial investments, it faces substantial scrutiny regarding the prudence and transparency of these expenditures. A clearer articulation of the fiscal strategy and its alignment with expected outcomes could enhance the bill's credibility and effectiveness.
Issues
Section 106: The authorized appropriations for technology upgrades ($33,000,000 and $125,000,000) could be considered excessive without justification or breakdown of costs, raising concerns about wasteful spending.
Section 114: The restrictions on funding for any nongovernmental organization facilitating unlawful activity such as human trafficking may impact those providing humanitarian assistance, raising ethical concerns.
Section 115: The collection of DNA and biometric information lacks clarity on requirements and does not account for costs, raising privacy and financial concerns.
Section 104: The border and port security technology investment plan is heavily reliant on classified information, potentially limiting transparency and accountability in its deployment.
Section 102: Immediate resumption of border wall construction within seven days may lead to hasty decisions and use of funds without thorough review, raising oversight and financial concerns.
Section 104: The 5-year technology investment plan lacks specific funding allocations, potentially leading to budget overruns and inefficiencies.
Section 120: The prohibition against any COVID-19 vaccine mandate for DHS employees lacks clear definitions and enforcement mechanisms, raising concerns about compliance and health safety.
Section 303: The mandatory briefings on U.S. border efforts lack clear criteria for success, raising concerns about wasteful spending and vague accountability.
Section 121: The limitation on the CBP One app (only for perishable cargo inspection) may hinder operational efficiency, potentially affecting border management effectiveness.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The "Border Security and Immigration Reform Act" includes a comprehensive list of provisions aimed at enhancing border security and reforming immigration processes. It covers topics such as constructing border walls, improving technological capabilities for border security, enforcing stricter immigration rules, supporting family unity, protecting children, adjusting statuses for agricultural workers, and ensuring that only citizens can vote in federal elections.
101. Definitions Read Opens in new tab
Summary AI
The section provides definitions for terms used in the division, including "CBP" for U.S. Customs and Border Protection, "Commissioner" for its Commissioner, "Department" for the Department of Homeland Security, "Secretary" for the Secretary of Homeland Security, and specific meanings for "operational control," "situational awareness," and "unmanned aircraft system" as defined by other U.S. laws.
102. Border wall construction Read Opens in new tab
Summary AI
The section mandates the immediate restart of border wall construction along the U.S.-Mexico border, using previously allocated funds and materials. It also requires the Secretary to submit an annual plan to Congress, detailing the construction progress and costs while defining terms like "tactical infrastructure" and "technology" related to the border wall project.
103. Strengthening the requirements for barriers along the southern border Read Opens in new tab
Summary AI
The section amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to enhance border security by requiring the Secretary of Homeland Security to implement physical barriers, tactical infrastructure, and technology along the southwest border to improve control and law enforcement effectiveness. It outlines the responsibilities and safety considerations for constructing these barriers and mandates consultation with relevant stakeholders, waiver of legal requirements for speedy implementation, and defines terms such as "physical barriers," "tactical infrastructure," and "technology" used in the context of border security.
104. Border and port security technology investment plan Read Opens in new tab
Summary AI
The section outlines a plan for improving border and port security technology, requiring a detailed report that addresses security risks, technology needs, and ways to enhance collaboration with private and governmental partners. It also calls for regular updates and assessments of technology acquisitions to align with security goals, and includes provisions for public input and the involvement of private sector expertise.
105. Border security technology program management Read Opens in new tab
Summary AI
The section outlines the management of major border security technology acquisition programs, requiring programs with projected costs over $100 million to have a detailed plan and adhere to standards. It mandates that these programs undergo evaluations to ensure cost-effectiveness and compliance with relevant regulations, while specifying no additional funds will be provided for these measures.
Money References
- “(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.
- 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.”
437. Border security technology program management Read Opens in new tab
Summary AI
The section outlines the management of major acquisition programs for border security technology, which cost $100 million or more, by ensuring programs meet cost, schedule, and performance goals with adherence to standards. It also requires a plan to test and evaluate new technologies to ensure they comply with policies and use taxpayer money efficiently, with regular reporting to Congress.
Money References
- (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.
- 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. ---
106. U.S. Customs and Border Protection technology upgrades Read Opens in new tab
Summary AI
The section focuses on technology enhancements for U.S. Customs and Border Protection, requiring the use of secure communication devices, expansion of surveillance systems, and upgrading of license plate readers at border entry points, with specific deadlines and funding earmarked to support these initiatives.
Money References
- — (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 Read Opens in new tab
Summary AI
The section outlines provisions for U.S. Customs and Border Protection, authorizing up to $100 million for retention bonuses to qualified Border Patrol agents and requiring the hiring of at least 22,000 full-time agents by 2025. It also prohibits the use of certain resources for transporting non-detained or certain detained aliens and mandates a GAO report if staffing goals are not met.
Money References
- (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.
108. Anti-Border Corruption Act reauthorization Read Opens in new tab
Summary AI
The section reauthorizes the Anti-Border Corruption Act, allowing U.S. Customs and Border Protection (CBP) to waive certain hiring requirements for law enforcement officers, military personnel, and veterans under specific conditions. It also mandates annual reporting on the waivers, requires additional background investigations when needed, and plans to increase the number of polygraph examiners by 2025.
5. Supplemental Commissioner authority Read Opens in new tab
Summary AI
Individuals who receive a waiver for employment with U.S. Customs and Border Protection under section 3(b) must still meet all other job suitability and security requirements. They will have a thorough background check, and a polygraph test may be administered if necessary to assess their suitability for employment.
6. Reporting Read Opens in new tab
Summary AI
The text outlines the requirements for an annual report by the U.S. Customs and Border Protection Commissioner to Congress about waivers issued under a specific section, including data on waiver usage and impact on hiring. The initial report must also analyze other methods for detecting deception in applicants and suggest whether these methods should be used instead of polygraph tests when waivers apply.
7. Definitions Read Opens in new tab
Summary AI
The section provides definitions for key terms used in the Act, including "Federal law enforcement officer," "serious military or civil offense," "Tier 4" and "Tier 5" background investigations, and "veteran," referencing specific legal and investigative standards.
109. Establishment of workload staffing models for U.S. Border Patrol and Air and Marine Operations of CBP Read Opens in new tab
Summary AI
The text requires the Commissioner of the U.S. Customs and Border Protection (CBP) to develop staffing models for the U.S. Border Patrol and Air and Marine Operations, as well as procedures for tracking workforce activities. Within a year of the Act’s enactment, and annually thereafter, a report must be submitted to specific congressional committees with updates on the implementation and methodologies used for these models. Additionally, the Department's Inspector General must review the models and offer feedback based on previous audit recommendations.
110. Operation Stonegarden Read Opens in new tab
Summary AI
The section introduces a program called "Operation Stonegarden" within the Department of Homeland Security, which provides grants to law enforcement agencies in states near U.S. borders to enhance border security. Eligible agencies can use these funds for equipment, personnel support, and other activities, with $110 million allocated annually through 2028.
Money References
- “(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.”
2010. Operation Stonegarden Read Opens in new tab
Summary AI
The bill establishes "Operation Stonegarden," a grant program managed by the Department of Homeland Security to enhance border security by funding law enforcement agencies in states bordering Canada, Mexico, or those with maritime borders. Grants can be used for equipment, personnel, and activities related to border law enforcement, and the program is funded with $110 million annually from 2024 to 2028.
Money References
- (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. ---
111. Air and Marine Operations flight hours Read Opens in new tab
Summary AI
The section mandates the Secretary ensure that Air and Marine Operations of Customs and Border Protection (CBP) conduct a minimum of 110,000 flight hours annually and operate unmanned aircraft systems along the U.S. southern border 24/7. It also requires the Commissioner to prioritize air support for U.S. Border Patrol activities and authorizes contracting for additional air support, while stipulating coordination with the Federal Aviation Administration for safe operation.
112. Border patrol strategic plan Read Opens in new tab
Summary AI
The section outlines a plan to improve U.S. border security, which involves assessing border patrol capabilities, enhancing coordination with various federal and local agencies, leveraging technology, and increasing situational awareness. It also includes collaboration with community stakeholders and setting priorities for research and development related to border security.
113. U.S. Customs and Border Protection spiritual readiness Read Opens in new tab
Summary AI
The U.S. Customs and Border Protection (CBP) is required to submit an annual report for five years to Congress, detailing the availability and use of spiritual resources like chaplains and prayer groups for religiously affiliated CBP members who are struggling with suicide-related issues, and to evaluate how these resources impact their well-being compared to those who do not use such resources.
114. Restrictions on funding Read Opens in new tab
Summary AI
The section outlines funding restrictions, stating that the Department cannot receive funds to process entry for aliens arriving between ports or support NGOs that encourage illegal activities, such as unlawful entry or trafficking. Additionally, the Department is prohibited from funding NGOs that assist inadmissible aliens with transportation, lodging, or legal services after this Act is enacted.
115. Collection of DNA and biometric information at the border Read Opens in new tab
Summary AI
The section requires that, within 14 days of the law being passed, the Secretary must confirm that Customs and Border Protection (CBP) follows all federal rules for collecting DNA and biometric data at land borders, and report this to the relevant congressional committees.
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 Read Opens in new tab
Summary AI
The section requires the U.S. Customs and Border Protection Commissioner to review and update inspection policies and manuals within 90 days of this law's enactment, and every three years after that, to better address drug and human smuggling at the borders. Additionally, within 90 days after each update, the Commissioner must report any changes to certain House and Senate committees.
117. Publication by U.S. Customs and Border Protection of operational statistics Read Opens in new tab
Summary AI
U.S. Customs and Border Protection is required to publish monthly statistics on encounters with aliens, drug seizures, and related activities on their website, including details by region, type of encounter, and nationality, starting two months after a new law is enacted. If the information is not published on time, they must explain the delay to Congress.
118. Alien criminal background checks Read Opens in new tab
Summary AI
The section requires that, within seven days of the bill's passage, the Commissioner certifies to relevant Congressional committees that CBP has access to criminal databases from countries where detained aliens originate or transit through, to conduct background checks. It also mandates that these databases meet FBI standards, and the Secretary must annually report to Congress confirming the compliance of these standards.
119. Prohibited identification documents at airport security checkpoints; notification to immigration agencies Read Opens in new tab
Summary AI
The section outlines rules for airport security concerning prohibited identification documents. It states that these documents cannot be used for identification at airport security, mandates notification to immigration agencies if such documents are presented, and specifies biometric data collection requirements for those entering secure areas without proper identification.
120. Prohibition against any COVID–19 vaccine mandate or adverse action against DHS employees Read Opens in new tab
Summary AI
The section states that the Secretary cannot enforce a COVID-19 vaccine mandate on Department of Homeland Security (DHS) employees without congressional approval and cannot penalize employees for refusing the vaccine. It also requires the Secretary to report on employees affected by the previous mandate, estimate the cost of reinstatement, and ensure unvaccinated employees get equal opportunities for growth and leadership.
121. CBP One app limitation Read Opens in new tab
Summary AI
The section outlines that the Department is restricted to using the CBP One app or similar tools solely for checking perishable cargo. Additionally, within 60 days of the law's passage, a report must be submitted detailing when the app began allowing interview scheduling for immigrants, how many have used it, their nationalities, and their intended U.S. destinations.
122. Report on Mexican drug cartels Read Opens in new tab
Summary AI
Congress is required to commission a report within 60 days after the passage of this act that outlines a national strategy for dealing with Mexican drug cartels and determines if a special designation for these cartels is necessary. The report will also include information on actions by these cartels that harm the United States.
123. GAO study on costs incurred by States to secure the southwest border Read Opens in new tab
Summary AI
The section requires the Comptroller General of the United States to conduct a study within 90 days to evaluate the costs individual States have incurred in helping secure the southwest border and explore the possibility of a program to reimburse these States. The study must consider actions by the Department of Homeland Security contributing to these costs, actions by States to secure their borders, and the feasibility of a reimbursement program.
124. Report by Inspector General of the Department of Homeland Security Read Opens in new tab
Summary AI
The Inspector General of the Department of Homeland Security is required to submit an annual report for five years to the House and Senate committees about the impact of mass migration on economic and security issues in regions near the southwest border. This report will include the costs faced by local law enforcement, schools, healthcare providers, and farmers due to migration, and will be created with input from relevant local entities.
125. Offsetting authorizations of appropriations Read Opens in new tab
Summary AI
The section outlines that no funds are authorized for certain programs within the Department of Homeland Security, such as the Alternatives to Detention Case Management Pilot Program and the Shelter Services Program, while $216 million is allocated for Intelligence, Analysis, and Situational Awareness.
Money References
- (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.
126. Report to Congress on foreign terrorist organizations Read Opens in new tab
Summary AI
The section requires the Secretary of Homeland Security to provide an annual report to specific committees in Congress about foreign terrorist organizations trying to enter the United States through its borders. It specifies that "foreign terrorist organization" is defined according to the Immigration and Nationality Act.
127. Assessment by Inspector General of the Department of Homeland Security on the mitigation of unmanned aircraft systems at the southwest border Read Opens in new tab
Summary AI
The section requires the Inspector General of the Department of Homeland Security to submit a report to the Congress on how well U.S. Customs and Border Protection can handle unmanned aircraft systems at the southwest border. The report should also cover any federal interventions from January 1, 2021, until the enactment of the Act that might have affected their authority to deal with these unmanned aircraft systems.
101. Safe third country Read Opens in new tab
Summary AI
The section amends the Immigration and Nationality Act to allow either the Attorney General or the Secretary of Homeland Security to determine if an immigrant can be sent back to another country they passed through on their way to the U.S. However, exceptions are made if the immigrant applied for asylum and was denied in that country, was a victim of severe human trafficking, or passed through countries not part of major international refugee agreements.
102. Credible fear interviews Read Opens in new tab
Summary AI
The section amends the Immigration and Nationality Act to change the criteria for determining if an immigrant has a credible fear that qualifies them for asylum. It now requires officers to consider whether it is more likely than not that the immigrant's statements in support of their asylum claim are true, and that they could be eligible for asylum.
103. Clarification of asylum eligibility Read Opens in new tab
Summary AI
The text clarifies rules for asylum eligibility by specifying that individuals must arrive at a designated entry port in the United States to apply for asylum, including those brought in after being stopped at sea.
104. Exceptions Read Opens in new tab
Summary AI
The section amends the Immigration and Nationality Act to outline various exceptions that disqualify certain individuals from asylum eligibility in the U.S., including those involved in serious crimes, terrorist activities, or who pose threats to U.S. security. It also specifies circumstances under which past convictions may be overlooked and allows the Secretary of Homeland Security or the Attorney General to set additional rules limiting asylum eligibility.
105. Employment authorization Read Opens in new tab
Summary AI
The section amends rules around employment authorization for asylum seekers in the United States, stating that they are not automatically entitled to work, but may be granted authorization by the Department of Homeland Security after 180 days from applying for asylum. Employment authorization can be terminated early if the asylum application is denied, and renewals can only occur if a case is remanded by a Federal court of appeals; additionally, asylum seekers who are ineligible under certain conditions or who did not enter the U.S. through a legal port of entry cannot receive work authorization.
106. Asylum fees Read Opens in new tab
Summary AI
The section amends the Immigration and Nationality Act to establish a minimum $50 fee for asylum applications, with the possibility of additional fees for employment authorization and status adjustment, provided they do not exceed the cost of processing. It specifies that these fees can be paid over time and clarifies that this does not limit the authorities' power to set other related fees.
Money References
- 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.
107. Rules for determining asylum eligibility Read Opens in new tab
Summary AI
The section outlines the rules for determining an individual's eligibility for asylum, specifying conditions under which membership in a particular social group can be claimed, as well as limitations on claims based on political opinion, persecution, and discretion. It defines key terms like "membership in a particular social group," "political opinion," and "persecution" while setting forth exceptions and inadmissible evidence related to cultural stereotypes in asylum cases.
108. Firm resettlement Read Opens in new tab
Summary AI
The section explains the criteria for determining if someone seeking asylum in the United States has already settled in another country, which might affect their eligibility for asylum. It states that if a person lived in another country before coming to the U.S. and had or could have applied for legal status, or lived there without persecution for a year, they might be considered as having firmly resettled there; this affects their asylum claim process.
109. Notice concerning frivolous asylum applications Read Opens in new tab
Summary AI
The amendments to the Immigration and Nationality Act require that asylum applications include a written warning about the consequences of filing a frivolous claim. If an applicant is found to have filed a knowingly frivolous application, they will be permanently ineligible for immigration benefits, but they may still seek protection against removal under specific conditions, like withholding of removal or under the Convention Against Torture.
110. Technical amendments Read Opens in new tab
Summary AI
The section amends the Immigration and Nationality Act to change every mention of "Attorney General" to include "Secretary of Homeland Security" or to replace it entirely, ensuring both roles are recognized in decision-making processes related to immigration.
111. Requirement for procedures relating to certain asylum applications Read Opens in new tab
Summary AI
The section requires the Attorney General to set up faster processes for certain asylum requests within 30 days of the law's enactment. It applies to individuals from specific Western Hemisphere countries sanctioned by U.S. laws or orders and only to those applying for asylum after the law is enacted.
201. Inspection of applicants for admission Read Opens in new tab
Summary AI
The amendments to the Immigration and Nationality Act described in this section focus on strict regulations for detaining and removing certain aliens who are inadmissible under specific conditions. The Secretary of Homeland Security is granted the authority to return certain aliens to foreign territories contiguous with the U.S. and restrict their introduction at U.S. borders if necessary for operational control. Additionally, State Attorneys General can take legal action if there are violations of these detention and removal requirements.
202. Operational detention facilities Read Opens in new tab
Summary AI
The section requires the Secretary of Homeland Security to reopen or restore certain immigration detention centers that were in operation at the start of 2021 by September 30, 2025, and to provide regular reports to Congress about progress and resource needs. Exceptions allow finding alternative locations if more efficient, except for the South Texas Family Residential Center, which must operate as it did in early 2021.
301. United States policy regarding Western Hemisphere cooperation on immigration and asylum Read Opens in new tab
Summary AI
The United States aims to work with countries in the Western Hemisphere to make agreements that reduce illegal immigration and protect resources like human capital and economic growth. Additionally, the U.S. wants to make sure that aid money for reducing illegal immigration only goes to programs that have been proven effective.
302. Negotiations by Secretary of State Read Opens in new tab
Summary AI
The Secretary of State is authorized to negotiate agreements with countries in the Western Hemisphere, including Mexico, Honduras, El Salvador, and Guatemala, to improve regional immigration enforcement and asylum processing. These agreements aim to expedite asylum claims and ensure cooperation, with Mexico processing asylum seekers and the U.S. working to speed up adjudications while supporting other countries in enhancing their asylum systems.
303. Mandatory briefings on United States efforts to address the border crisis Read Opens in new tab
Summary AI
The bill requires the Secretary of State to give updates to specific congressional committees about efforts to handle the border crisis. These updates must happen at least every 90 days until the Secretary, along with other federal agencies, decides that illegal immigration is under control and informs Congress of this decision.
401. Clarification of standards for family detention Read Opens in new tab
Summary AI
This section clarifies that the rules for detaining families in the U.S. apply to both children and adults entering the country together, even if the children are not alone. It also states that immigration detention centers holding families do not need state licenses and aligns changes with a court case about how to treat accompanied minors in detention.
501. Findings Read Opens in new tab
Summary AI
Congress makes several findings regarding the treatment of unaccompanied alien children at the U.S. southwest border, noting that changes made by the Trafficking Victims Protection Reauthorization Act of 2008 have led to increased illegal entry, exploitation by cartels, and unsafe labor conditions. It highlights failures and policy changes under the Biden Administration, including losing contact with many children and dismantling protections, and proposes uniform treatment for returning non-trafficked children to their home countries.
Money References
- 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.
502. Repatriation of unaccompanied alien children Read Opens in new tab
Summary AI
The section amends existing U.S. laws regarding the treatment of unaccompanied alien children by removing distinctions based on their nationality, specifying their rights to a hearing, and detailing the responsibilities for transferring their custody. It also mandates information sharing between government departments about individuals who take custody of these children and the immigration proceedings for those individuals if necessary.
503. Special immigrant juvenile status for immigrants unable to reunite with either parent Read Opens in new tab
Summary AI
The proposed amendment to the Immigration and Nationality Act changes the criteria for special immigrant juvenile status. It specifies that a child cannot qualify if they can reunite with any parent or legal guardian, unless that reunification is not possible due to issues like abuse, neglect, or abandonment recognized under state law.
504. Rule of construction Read Opens in new tab
Summary AI
The section states that nothing in this title should be interpreted to restrict certain procedures for unaccompanied alien children, such as screening for fear of returning to their home country, checking if they were trafficking victims, and requiring a home study for children under 12 as per the existing Department of Health and Human Services policy.
601. Expanded penalties for illegal entry or presence Read Opens in new tab
Summary AI
The section updates penalties for illegal entry or overstaying a visa in the U.S. It increases fines and prison time for those who enter illegally or overstay, especially for repeat offenders, and adds new penalties for visa overstayers, including fines up to $1,000.
Money References
- 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).”. ---
701. Immigration parole reform Read Opens in new tab
Summary AI
The section outlines changes to the rules for granting immigration parole in the United States, specifying different conditions under which the Secretary of Homeland Security can grant temporary entry to non-citizens. Parole can be granted for urgent humanitarian reasons or significant public benefit, and includes criteria such as medical emergencies, family situations, or assistance in law enforcement matters, with restrictions on employment and duration of stay.
702. Implementation Read Opens in new tab
Summary AI
The section explains that the new rules in the bill will generally start 30 days after the bill becomes law, except for certain cases involving applications for parole filed before the bill's enactment, a specific rule that starts immediately, and conditions for immigrants paroled into the U.S. before January 1, 2024, which will continue under the old rules.
703. Cause of action Read Opens in new tab
Summary AI
Any person, State, or local government that suffers financial loss greater than $1,000 because the Federal Government didn't follow the rules of this title can sue the Federal Government in a U.S. district court to seek a fair solution.
Money References
- 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 Read Opens in new tab
Summary AI
If any part of this title is found to be unconstitutional, the rest of the title will still remain valid and unaffected.
801. Establishment Read Opens in new tab
Summary AI
The Dignity Program is established to offer deferred action against removal and provide employment and travel authorization for eligible applicants. Additionally, the program eliminates the 3- and 10-year re-entry bars under the Immigration and Nationality Act for participants.
802. Eligibility Read Opens in new tab
Summary AI
The section outlines the eligibility criteria for an alien to join the Dignity Program, requiring proof of continuous U.S. presence, specific educational milestones, and non-inadmissibility under certain laws. Additionally, applicants must submit biometric and biographic data for background checks, and certain criminal convictions can disqualify them, though waivers for some misdemeanors may be granted for humanitarian reasons or family unity.
803. Registration; departure Read Opens in new tab
Summary AI
Any alien approved for the Dignity Program must register with Homeland Security, submit certain data, and acknowledge being in the U.S. without legal status. Those without legal status must join the program or leave within 24 months, and voluntarily leaving within this time means avoiding certain legal restrictions. Aliens who could qualify for the program can't be removed or fined based on their status during this period, unless specified exceptions apply.
804. Program participation Read Opens in new tab
Summary AI
Participants in the Dignity Program must follow specific rules like reporting to Homeland Security, abiding by the law, maintaining employment or education, and paying taxes, while not using federal benefits. They must also have health coverage, support dependents, and are subject to certain tax regulations, though they can enlist in the Armed Forces which can alter the program conditions. Violations of these rules may lead to removal, but the Secretary of Homeland Security has discretion over minor breaches.
805. Completion Read Opens in new tab
Summary AI
In this section, participants of the Dignity Program can change their status to become permanent residents if they meet the required conditions. However, this change can only happen once the U.S. government confirms that border security goals are met and certain border wall constructions have resumed.
101. Short title Read Opens in new tab
Summary AI
The section specifies that this part of the legislation can be referred to as the “Agricultural Worker Program Act of 2024.”
102. Blue card status Read Opens in new tab
Summary AI
The bill outlines the requirements and process for non-citizens to obtain "blue card status," which allows them to live and work legally in the United States. It describes eligibility criteria, application procedures, fees, and penalties, as well as protections and limitations for applicants and their employers.
Money References
- 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.
- — (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.
103. Adjustment to permanent resident status Read Opens in new tab
Summary AI
The bill introduces a process for agricultural workers with blue card status to become permanent residents after meeting specific work requirements and paying a fine. It also outlines penalties for fraudulent applications, maintains eligibility for legal services, and allows spouses and children to obtain residency if the primary applicant is approved.
Money References
- “(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).
245B. Adjustment to permanent resident status for agricultural workers Read Opens in new tab
Summary AI
The section details the process and requirements for agricultural workers to adjust their status to permanent residency after obtaining a blue card under the Agricultural Worker Program Act of 2024. It outlines eligibility criteria, such as specific employment conditions, payment of fines and taxes, documentation needs, and potential disqualifications, while also addressing the status of spouses and children, fee structures, and penalties for fraudulent applications.
Money References
- (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).
104. Use of information Read Opens in new tab
Summary AI
The Secretary, along with qualified entities, must widely share information about the benefits available to certain aliens and the requirements they must meet to obtain these benefits, starting no later than the beginning of the application period defined in a different section of the bill.
105. Reports on blue cards Read Opens in new tab
Summary AI
Congress requires that, within six months of finalizing certain rules and every year for eight years after, the Secretary must report the number of people who applied for and received blue card status, as well as those who applied for and were granted status adjustments under the Immigration and Nationality Act.
106. Authorization of appropriations Read Opens in new tab
Summary AI
The section allows for the allocation of necessary funds to the Secretary to carry out the measures of this title, including funding for starting the implementation process during the fiscal years 2025 and 2026.
201. Correction of Social Security records Read Opens in new tab
Summary AI
The bill amends the Social Security Act to correct records for certain individuals, particularly those granted blue card status under the Agricultural Worker Program Act of 2024, specifying that corrections related to conduct before their blue card status will be considered. These changes will become effective seven months after the bill is enacted.
301. Definitions Read Opens in new tab
Summary AI
The section provides definitions of key terms used in the bill related to agricultural employment and immigration. It clarifies terms like "agricultural employment," "blue card status," "child," "continuous presence," "employer," "qualified designated entity," "qualified work," "Secretary," and "work day," specifying their meanings within the context of the legislation.
101. Short title Read Opens in new tab
Summary AI
The Safeguard American Voter Eligibility Act, also known as the SAVE Act, is the short title of this legislative bill.
102. Ensuring only citizens are registered to vote in elections for Federal office Read Opens in new tab
Summary AI
The section of the bill amends the National Voter Registration Act of 1993 to ensure that only U.S. citizens can register to vote in federal elections. It requires applicants to provide specific forms of documentary proof of citizenship, such as a passport or government-issued ID, and outlines procedures for verifying and managing voter registration.
103. Election Assistance Commission guidance Read Opens in new tab
Summary AI
The Election Assistance Commission is required to issue guidance to each state's chief election official on how to implement changes to the National Voter Registration Act of 1993, as amended. This must be done within 10 days of the law being enacted.
104. Inapplicability of Paperwork Reduction Act Read Opens in new tab
Summary AI
The section states that the rules for reducing paperwork, known as the Paperwork Reduction Act, do not apply when creating or changing forms and materials for voter registration under the National Voter Registration Act of 1993. This means they can update these materials without following those specific paperwork rules.
105. Duty of Secretary of Homeland Security to notify election officials of naturalization Read Opens in new tab
Summary AI
The section requires the Secretary of Homeland Security to quickly inform the election officials in a state when someone in that state becomes a naturalized citizen of the United States.
106. Rule of construction regarding provisional ballots Read Opens in new tab
Summary AI
The section explains that nothing in the current division or its amendments should be interpreted to change or limit a person's right to cast a provisional ballot in a federal election, as long as they are verified as a U.S. citizen according to specified regulations.
107. Rule of construction regarding effect on State exemptions from other Federal laws Read Opens in new tab
Summary AI
The section states that nothing in this division or its amendments should be interpreted to change a State's exemption from any Federal law requirements, except for the National Voter Registration Act of 1993.
108. Effective date Read Opens in new tab
Summary AI
This section states that the rules in this division and any changes made by it will become active once the Act is officially enacted. It will apply to all voter registration applications submitted on or after the enactment date.