Overview
Title
To enact into law certain Executive orders related to immigration and border security, and for other purposes.
ELI5 AI
H.R. 7594 is a proposed law that aims to make America's immigration rules stricter by building a wall at the border, ensuring certain people stay in Mexico before entering the U.S., and stopping some cities from ignoring immigration laws. It also tries to change who can automatically become a citizen if they're born in the U.S. based on their parents' status.
Summary AI
H.R. 7594, also known as the "Build the Wall and Deport Them All Act," aims to transform several Executive Orders and memos related to immigration and border security into law. It seeks to enforce stricter immigration rules by ending the "catch and release" policy, enhancing border security through building a wall, ending sanctuary cities, and enforcing immigration laws within the country. Additionally, the bill includes measures such as the "Remain in Mexico" policy, a suspension on certain entries, expedited removal processes, and restrictions on citizenship by birth. It also prohibits federal agencies from removing barriers along the U.S. border erected by states.
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AnalysisAI
General Summary of the Bill
House Resolution 7594, introduced in the 118th Congress, seeks to solidify into law several existing Executive orders and policies related to immigration and border security. Its provisions encompass various strategies aimed at strengthening the U.S. borders and altering how citizenship is granted to children born in the United States. The bill, introduced by a group of House representatives, is designed to make previous executive directives concerning border management legally binding and enforceable.
Summary of Significant Issues
One of the major concerns with the bill is its reliance on previously issued Executive orders and memorandums without providing detailed content or context within the legislative text itself. For instance, several sections reference documents such as Executive Order 13767 on border security and the "Migrant Protection Protocols," yet do not elaborate on the specifics of these directives, potentially leading to confusion.
Another significant issue is the inclusion of a clause that limits citizenship by birth, introducing potential constitutional debates regarding the 14th Amendment. This amendment has historically guaranteed citizenship to nearly all individuals born on American soil.
Moreover, the bill's title, “Build the Wall and Deport Them All Act,” may be perceived as politically charged, potentially influencing public discourse and overshadowing the bill's specific measures.
Impact on the Public
The enactment of this bill may have broad implications for U.S. immigration policies and border security procedures. By translating executive actions into law, the bill might strengthen border enforcement and streamline processes that have previously been implemented through executive mandates. This could lead to changes in border control operations and affect both federal and state agencies involved in immigration enforcement.
For individuals seeking citizenship, the restriction on birthright citizenship could have profound impacts, potentially altering the status of children born to non-citizen parents in the United States. This measure might lead to broader societal debates about citizenship rights and the scope of the 14th Amendment.
Impact on Specific Stakeholders
Federal and State Authorities: Federal agencies responsible for border security, such as the Department of Homeland Security, might experience increased responsibilities but also face challenges in implementing measures that lack clear directives or funding from the bill. States constructing border barriers could find strengthened authority and protection as they are ensured federal non-interference.
Immigrants and Refugees: Migrants, particularly those seeking asylum, could face more stringent policies as directives like the Remain in Mexico policy become law, potentially impacting their ability to enter and remain in the U.S. while their cases are processed.
Legal and Civil Rights Organizations: Legal experts and rights organizations might become heavily involved in challenging aspects of the bill, particularly concerning citizenship by birth and the rights of sanctuary cities. Such engagement could lead to court cases testing the constitutionality of the bill's provisions.
In summary, while H.R. 7594 aims to codify practices associated with border security and immigration control, it raises constitutional questions and operational challenges that could affect a range of stakeholders. Its potential impacts underscore the complexity and contentious nature of immigration policy in the United States.
Issues
The short title 'Build the Wall and Deport Them All Act' may be perceived as controversial or politically charged, diverting focus from the legislative specifics and risking misunderstandings about the bill's intent. [Section 1]
The bill references a number of Executive orders and other documents without providing detailed content, which may lead to confusion or lack of clarity about the enacted provisions. This includes Executive Orders and Memorandums in Sections 2, 3, 4, 5, 6, 7, 8, and 9.
Limitation on citizenship by birth introduced in Section 12 could raise constitutional questions regarding the interpretation of the 14th Amendment, particularly concerning parents' varying immigration statuses and definitions of residency.
Section 3 on building the wall and other border security improvements lacks detailed explanation or oversight, raising concerns of potential wasteful spending and efficiency. There is no clarity on the scope, budget, or accountability mechanisms.
The enactment of policies like the Remain in Mexico policy and expedited removal, mentioned in Sections 5 and 9, lacks context or justification for readers unfamiliar with the Migrant Protection Protocols or relevant Federal Register notices, respectively.
Section 11's absolute prohibition on removing or altering border barriers does not consider scenarios needing removal for safety, or the roles and rights of local authorities, leading to potential legal or operational conflicts.
Ambiguity around the terms 'sanctuary cities' and 'enforcing immigration laws in the interior' in Section 4 can lead to interpretational issues, as well as federal vs. state authority conflicts.
The bill provides no clear mechanisms for updating or verifying the accuracy of the appendix set forth in Section 10, leading to concerns about it becoming outdated or inaccurate over time.
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 this act gives it a short title, allowing it to be referred to as the "Build the Wall and Deport Them All Act".
2. Ending catch and release Read Opens in new tab
Summary AI
The section makes the rules from a Presidential Memorandum about stopping the "Catch and Release" practice at the U.S. border into law. This means that the guidelines from that memorandum are now officially enforced as part of the law.
3. Building the wall and other border security improvements Read Opens in new tab
Summary AI
The section enacts into law the Executive Order 13767, which is focused on improving border security and immigration enforcement, including the construction of a wall.
4. Ending sanctuary cities and enforcing immigration laws in the interior Read Opens in new tab
Summary AI
The section enacts the provisions of Executive Order 13768, which focuses on ending sanctuary cities and enforcing immigration laws within the United States. This involves incorporating the directives from this Executive Order into law.
5. Remain in mexico policy Read Opens in new tab
Summary AI
The section enacts the guidelines from a policy called the "Migrant Protection Protocols," which require certain migrants to stay in Mexico while their immigration cases are processed in the United States.
6. Suspension and limitation on entry Read Opens in new tab
Summary AI
The section enacts into law the provisions of Proclamation 9880, which deals with managing large numbers of people migrating through the southern border of the United States.
7. Additonal measures to enhance border security Read Opens in new tab
Summary AI
The section enacts into law the provisions of the Presidential Memorandum titled “Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System,” which was issued on April 29, 2019.
8. Securing the southern border Read Opens in new tab
Summary AI
The section makes the guidelines from the Presidential Memorandum titled “Securing the Southern Border of the United States” from April 4, 2018, into law, meaning that the rules and actions described in that memorandum are now legally binding.
9. Expedited removal Read Opens in new tab
Summary AI
This section makes the rules from the notice titled “Designating Aliens for Expedited Removal,” published on July 23, 2019, into official law.
10. Publication Read Opens in new tab
Summary AI
The section mandates that when this Act is published, the Archivist of the United States must add an appendix at the end. This appendix will include the text of the Executive orders, Memorandums, Policy Guidance, and Notices mentioned in the Act, as they appeared on January 19, 2021.
11. No removal of border barriers Read Opens in new tab
Summary AI
Federal departments and agencies are prohibited from removing or changing any barrier, fence, barbed wire, or obstacle built by a State to stop illegal border crossings into the United States.
12. Limitation on citizenship by birth Read Opens in new tab
Summary AI
The section of the Immigration and Nationality Act is changed to specify that a child born in the United States can be a U.S. citizen only if at least one parent is a U.S. citizen, a U.S. national, or a legally permanent resident living in the U.S.