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. 7733 is a rule that wants border guards to check a computer list of people who might be dangerous before letting them go. This means they have to make sure people on this list are treated carefully so everyone stays safe.
Summary AI
H. R. 7733 aims to amend section 236A of the Immigration and Nationality Act. The bill requires that U.S. Customs and Border Protection check the names of individuals against the federal terrorist screening database before releasing them from custody. This measure seeks to ensure that individuals who are in the database are identified and managed accordingly at the border. The bill defines the "terrorist screening database" using the meaning given in the Homeland Security Act of 2002.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
House Bill 7733, titled the "Identifying Potential Terrorist at the Border Act of 2024," seeks to modify the Immigration and Nationality Act. The bill's main objective is to enhance national security by ensuring that any individual detained by U.S. Customs and Border Protection has their name cross-referenced with the federal terrorist screening database. This requirement will mandate that the authorities maintain custody of the individual until the cross-referencing is completed, thereby preventing potential threats from crossing U.S. borders undetected.
Summary of Significant Issues
One critical issue with this bill is the potential for indefinite detention. The legislation does not specify a time limit within which cross-referencing must be completed, raising legal questions about due process and human rights, as individuals could be held for extended periods without clear resolution.
Furthermore, the bill does not address the financial implications of this cross-referencing requirement, which may necessitate additional resources or updates to the current systems used by border protection agencies. This could lead to increased operational costs that are currently unspecified.
Privacy concerns also arise, as the legislation does not clarify how individuals' personal information will be managed during this process. This lack of detail could lead to public unease about data protection.
The bill's language is also ambiguous regarding the procedures to follow if a person is found to be on the terrorist screening database, potentially leading to inconsistent enforcement.
Lastly, the use of the term "alien," while legally recognized, may be seen as outdated and insensitive, possibly leading to public criticism or calls for more inclusive language.
Impact on the Public
Broadly speaking, the bill aims to bolster national security by preventing potential terrorists from entering the country. However, the absence of time constraints for processing could lead to extended detentions, affecting individuals' freedoms and potentially straining detention facilities. This aspect could spark public debate regarding civil liberties versus security needs.
Additionally, the cost implications of implementing this bill could affect taxpayers if increased funding is required for border security operations. The public might also be concerned about privacy and data protection given the lack of clarity in the bill.
Impact on Specific Stakeholders
For border security agencies and their personnel, this bill could create operational challenges. The requirement to check all detainees against the terrorist screening database without a specified timeframe might lead to resource constraints and logistical issues.
On the other hand, proponents of stronger border security may view this bill as a positive step toward ensuring safety and preventing terrorism. It could potentially reassure communities concerned about border security threats.
Conversely, immigrant rights advocates might criticize the bill for possible rights infringements and the potential for racial or ethnic profiling, especially given the use of the term "alien." The lack of specificity regarding the detention process may also be a focal point for advocacy and legal challenges.
In conclusion, while the bill seeks to enhance national security, it raises several significant issues that lawmakers, stakeholders, and the public must consider and address to balance security concerns with individual rights and practical implementation challenges.
Issues
The extension to require maintaining custody over an alien until the cross-reference result with the terrorist screening database is received could result in indefinite detention, raising significant legal and ethical concerns regarding due process and human rights, especially since no specific time frame for cross-referencing is provided. This is noted in Section 2(d).
The amendment could incur additional operational costs related to updating or accessing the terrorist screening database, which are not addressed in the text. The financial implications of this requirement could be significant, affecting budget allocations for immigration enforcement as discussed in Section 2(d).
There are potential privacy concerns as the bill does not address how personal information will be managed or safeguarded during the cross-referencing process with the terrorist screening database, as indicated in Section 2(d).
The language remains ambiguous regarding the protocol or actions to be taken if an individual's name matches with the terrorist screening database, which might lead to inconsistent enforcement or application of this amendment. This is a key concern in Section 2(d).
The use of the term 'alien' in the legislation, while still legally recognized, is increasingly viewed as outdated and potentially insensitive. This might draw public criticism or lead to demands for more inclusive language reform, as the term is used in Section 2(d).
The relationship between the 'terrorist screening database' as defined in this section and any changes in its definition under the Homeland Security Act of 2002 is not clearly outlined, potentially leading to legal uncertainties or conflicts in interpretation, noted in Section 2(e).
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 is the short title, which officially names the legislation as the "Identifying Potential Terrorist at the Border Act of 2024".
2. Requirement to review Federal terrorist screening database Read Opens in new tab
Summary AI
The amendment to the Immigration and Nationality Act mandates that U.S. Customs and Border Protection must hold an individual in custody until their name is checked against a terrorist screening database. Additionally, it specifies that the term “terrorist screening database” refers to the definition provided in the Homeland Security Act of 2002.