Overview
Title
To amend section 236A of the Immigration and Nationality Act with respect to the requirement to cross reference the terrorist screening database.
ELI5 AI
H.R. 2090 is a bill that aims to make sure every person stopped by the border patrol is checked against a big list of people who might be dangerous, called the terrorist list, and they have to wait until the check is done.
Summary AI
H.R. 2090 is a bill that aims to amend section 236A of the Immigration and Nationality Act to ensure that U.S. Customs and Border Protection checks individuals against the terrorist screening database. The bill requires that the Commissioner of U.S. Customs and Border Protection holds any person in custody until their name is cross-referenced with the terrorist screening database, and results are obtained. It specifies that being on the terrorist screening database is an additional condition for holding someone under section 236A. The bill also clarifies the definition of the "terrorist screening database" by referring to the Homeland Security Act of 2002.
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AnalysisAI
General Summary
H.R. 2090, known as the "Identifying Potential Terrorist at the Border Act of 2025," seeks to amend the Immigration and Nationality Act specifically in section 236A. The key proposal of the bill is to require the U.S. Customs and Border Protection (CBP) to detain individuals entering the United States until their names are cross-referenced with the federal terrorist screening database. This measure intends to ensure that potential terrorists are identified at the border.
Summary of Significant Issues
The bill raises several important issues. One major concern is the lack of explicit criteria or process for including individuals in the terrorist screening database. There are fears that this could lead to ambiguities or the misuse of personal data, resulting in wrongful inclusion and potential harm to individuals who pose no threat.
Another issue centers on the requirement for CBP to hold individuals until they are cleared against the database. Without a defined time frame, this could result in indefinite detention, raising ethical and legal questions about due process and the rights of detainees.
Furthermore, the bill lacks oversight mechanisms to ensure that the cross-referencing process is fair and accurate. The absence of such measures could create errors or abuses of power, leading to a loss of trust in the screening system.
Finally, the term "terrorist screening database" is defined in another statute, the Homeland Security Act of 2002. This dependency necessitates additional research by stakeholders, which can complicate the understanding of the bill's full implications.
Broad Public Impact
If implemented, H.R. 2090 could significantly impact border security operations. By ensuring that individuals are checked against a terrorist database, the bill aims to enhance national security. However, it could also lead to prolonged detentions and affect the rights of individuals traveling to the United States, possibly straining resources at entry points.
The potential for wrongful detentions could also lead to public outcry and legal challenges, particularly from civil rights organizations concerned about individuals being subjected to unwarranted scrutiny or detention.
Impact on Specific Stakeholders
U.S. Customs and Border Protection: The CBP would face increased responsibilities and potential operational challenges due to the requirement to detain individuals until they are cleared. This could necessitate additional resources or changes in protocol to handle increased detention times.
Legal and Civil Rights Advocates: These stakeholders may raise concerns about the bill's lack of specificity concerning how individuals are added to the terrorist database, as well as the potential for indefinite detention. They could advocate for more transparent and accountable processes.
Individuals Entering the U.S.: Those traveling to the United States could face longer wait times and the risk of detention if their names happen to be on the terrorist screening database, even erroneously. This could discourage international travel and lead to diplomatic tensions.
In conclusion, while H.R. 2090 aims to strengthen national security at the border, careful consideration and potential amendments are necessary to address issues of due process, resource allocation, and transparency to ensure that the proposed measures do not inadvertently infringe upon individual rights or lead to operational inefficiencies.
Issues
The amendment in Section 2 does not specify the criteria or process for adding individuals to the 'terrorist screening database,' which could lead to ambiguities, misuse, or potential harm to innocent individuals who could be wrongfully included. The lack of clarity could result in legal challenges or criticisms related to civil liberties and rights.
The requirement in Section 2 for U.S. Customs and Border Protection to maintain custody over an alien until a result is received from the cross-reference with the terrorist screening database may lead to indefinite detention without clear guidelines on the time frame required to obtain the result. This could raise ethical and legal concerns regarding due process and detention rights.
Section 2 does not delineate any oversight or accountability measures to ensure the cross-referencing process is conducted accurately and fairly. This absence of checks and balances could lead to errors, abuses of power, or lack of trust in the system.
The definition of the 'terrorist screening database' in Section 2 refers to an external document, the Homeland Security Act of 2002. This may necessitate additional research and could complicate the understanding of the scope and implications of the bill for legislators, stakeholders, and the public.
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 Read Opens in new tab
Summary AI
The first section of the Act provides its official short title, which is "Identifying Potential Terrorist at the Border Act of 2025".
2. Requirement to review Federal terrorist screening database Read Opens in new tab
Summary AI
The section mandates that the U.S. Customs and Border Protection must detain an individual until their name is checked against the federal terrorist screening database to ensure they are not on it. It also adds that the term 'terrorist screening database' refers to its definition in the Homeland Security Act of 2002.