In Section 1, the Act is given the short title of “Border Act of 2024,” which means it can be referred to by this name.

The second section of this Act lists its table of contents, which includes the short title, this table itself, and references. It also indicates two main parts: one focusing on border security and combating fentanyl, and the other labeled as the BORDER Act.

Any reference to "this Act" within a specific section of the Act refers only to that particular section, unless stated otherwise.

The section authorizes the allocation of funds from the Treasury for the fiscal year ending September 30, 2024, for various unspecified purposes.

The section requires the Secretary to submit quarterly reports by March 1, 2025, to key congressional committees about changes in border security and immigration operations and their effect on encounters at the southwest border. The reports must also evaluate how policy and resources affect efficiencies and resource needs for programs in the Department and other federal agencies.

The section allocates funds for U.S. Customs and Border Protection to purchase and deploy various types of border security technology, including surveillance towers and mobile systems. It includes specific amounts for each technology type, sets conditions on spending for autonomous surveillance systems, and requires a monthly report detailing the expenditure plans and deployment timelines to the House and Senate Committees.

The section requires that funds provided for acquiring non-intrusive inspection technology for U.S. Customs and Border Protection must be used only through open competition to acquire advanced technologies. Starting March 1, 2025, the Commissioner must report quarterly on how these technologies affect performance metrics, including scanning rates, seizures at borders, and workforce requirements.

The Under Secretary for Management at the Department of Homeland Security must deliver an expenditure and hiring plan to certain congressional committees within 30 days of the Act's enactment, excluding certain funds related to FEMA. The plan should be updated and submitted monthly, and no funds can be spent until the plan is submitted.

The section rescinds certain unused funds originally allocated for U.S. Customs and Border Protection projects, reallocating an equivalent amount of new budget authority to be used for similar purposes, including constructing pedestrian barriers made of steel with anti-climb and anti-dig features, until September 30, 2028. It mandates that no funds be used unless specified criteria are met, including acquiring necessary approvals for repositioning construction priorities and supplying Congress with a detailed report on fund usage.

The section requires the Director of U.S. Immigration and Customs Enforcement to give monthly reports to Congress about removal flights and voluntary repatriations, including details like flight costs, the number of people and their nationalities, wait times for removal, and empty seats on flights.

The section outlines requirements for the Director of U.S. Immigration and Customs Enforcement to submit a plan to Congress every week about increasing detention capacity, details on unused detention facilities, and any changes in contracts for detention spaces. The Director must also alert Congress at least 30 days before reducing or ending a detention contract.

In Section 208 of the bill, it states that no funds given under the specified part of this Act for "U.S. Immigration and Customs Enforcement—Operations Support" can be used to fund community-based residential facilities.

Before the Secretary of Homeland Security can ask the Department of Defense for help with border security, they must conduct and include an analysis comparing costs and benefits of using military help versus other options. This analysis, along with a report on the type of support needed and its impact, must be submitted to specific Congressional committees within 30 days after the Act becomes law and every three months afterwards.

Eligibility for funding under the Shelter and Services Program, which involves transfer of funds from U.S. Customs and Border Protection to the Federal Emergency Management Agency, is open to all entities, not just those who have previously received or applied for funding through this or the Emergency Food and Shelter-Humanitarian program.

The section outlines the conditions for transferring funds from U.S. Customs and Border Protection to the Federal Emergency Management Agency for the Shelter and Services Program. It specifies that up to $500 million can be transferred immediately, with additional funds contingent upon certain conditions being met, such as increases in staffing for immigration enforcement and successful completion of removal operations and training activities by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

Each amount funded by this Act is extra and will be added on top of any other funding already given for that fiscal year.

Funds appropriated in this Act cannot be used after the current fiscal year ends, unless there is a specific provision allowing it.

The additional money provided by this Act will follow the same rules and conditions as the appropriations accounts for the year 2024, unless the Act states otherwise.

The section explains that Congress has designated certain funds for emergencies, as outlined in a specific law. These funds can only be used, repurposed, or canceled if the President officially approves and communicates this approval to Congress.

Any money allocated by this Act, marked by Congress as necessary due to emergencies according to a specific section of budget law, and also marked as such by the President, will keep its emergency designation even if it's moved around using the transfer powers given by this Act.

The section gives the official name that can be used to refer to the act, which is the "Border Security and Combatting Fentanyl Supplemental Appropriations Act, 2024."

The text provides a detailed table of contents for a legislative bill, the "Border Act," which covers various aspects such as capacity building for border and immigration officials, enhancements to asylum processing, support for Afghan allies, promotion of legal immigration, and measures for accountability and metrics. The bill addresses numerous issues, including employment authorization, securing borders, and protecting due process rights.

In this section of the bill, the "appropriate committees of Congress" refer to specific committees in the Senate and House of Representatives, which include the Appropriations, Judiciary, and Homeland Security committees. Additionally, the term "Secretary" is defined as the Secretary of Homeland Security.

The Secretary of U.S. Citizenship and Immigration Services is allowed to hire candidates quickly for urgent positions without following usual procedures, as long as they give public notice, identify the hiring need, and consult with the Office of Personnel Management. This hiring power lasts for five years, and the Secretary must report annually to Congress about the employees hired, their salaries, and the fairness of the process.

The Secretary of Homeland Security is allowed to hire certain immigration and customs enforcement officers without following usual hiring procedures if there is a critical need and after discussing with the personnel director. A report on this hiring, including data on those employed and their salaries, must be sent to Congress annually for five years, and this hiring authority ends five years after the law starts.

The law allows the Secretary, consulting with the Director of the Office of Personnel Management, to make exceptions for rehiring retired civilians in certain immigration-related positions if it's hard to find suitable candidates or during emergencies. These rehired individuals won't be considered regular employees for retirement benefits.

The section establishes a special pay rate for asylum officers by increasing their base salary and providing for adjustments similar to those applied to the General Schedule. This new pay structure will take effect 30 days after the law is passed.

In this section, asylum officers are defined, and rules are established for their pay. Specifically, asylum officers are entitled to a "special base rate" of pay, which is calculated as 15% more than their standard pay rate under the General Schedule and is adjusted for other pay modifications like locality adjustments.

The bill section amends the Anti-Border Corruption Act to allow the U.S. Customs and Border Protection Commissioner to waive certain hiring requirements for law enforcement officers and military personnel who meet specific conditions, such as having served for at least three years and having clean records. This waiver authority is set to end on September 30, 2027, after which the original text will be reinstated.

The amendments to the Anti-Border Corruption Act of 2010 grant the Commissioner of U.S. Customs and Border Protection more authority over hiring, including administering polygraph tests if needed, and require regular reports on how waiver programs affect hiring and disciplinary actions. Additionally, definitions such as "criminal offense," "federal law enforcement officer," "military offense," and "veteran" are provided to clarify the terms used in the act.

This section grants the Commissioner of U.S. Customs and Border Protection the authority to determine that individuals who receive certain waivers still must meet suitability and security requirements for employment. It also allows the Commissioner to require a polygraph test if there are concerns found during a background check that could affect a person's suitability for employment.

The bill requires the Commissioner of U.S. Customs and Border Protection to submit an annual report to Congress for three years. This report must cover information about waivers for applicants, including the number of waivers granted and denied, reasons for denial, hiring rates, polygraph test outcomes, and the program's impact on staffing, along with suggestions for any additional authorities needed. The first report should also evaluate other potential deception detection tests that could be used alongside background checks to assess new employees.

The section requires the Comptroller General to review disciplinary records of individuals hired via a waiver by U.S. Customs and Border Protection every five years, comparing them to those who pass a polygraph test, and to submit a report on this review to relevant congressional committees. This requirement will end after the third report is submitted.

The section defines several terms used in the Act: "criminal offense" refers to serious crimes such as felonies or those involving fraud or deceit; "Federal law enforcement officer" is defined by references to specific U.S. Code sections; "military offense" pertains to offenses that can lead to discharge or rank demotion in the Armed Forces; and "veteran" refers to the definition found in another section of U.S. law.

U.S. Immigration and Customs Enforcement (ICE) must certify within 90 days after the act becomes law that they have consistent policies for supervising aliens in alternative to detention programs, including using escalation techniques and providing reports to the public. Additionally, ICE must review these programs annually for standardization and every five years ensure an independent review of these policies.

The bill requires U.S. Border Patrol agents to participate in annual training covering Department of Homeland Security policies, law fundamentals, and best practices for interacting with communities and non-lethal force. The training also addresses topics such as identifying vulnerable populations, transnational crime trends, and environmental impacts, and is overseen by the Commissioner of U.S. Customs and Border Protection.

The amendment to Section 239 of the Immigration and Nationality Act allows electronic delivery of notices to appear for immigration proceedings if the individual, or their attorney, chooses to receive them by email or other electronic means. This change provides an alternative to traditional mail, making it easier for individuals to receive important notices.

This section of the bill updates the Immigration and Nationality Act to allow certain mission support staff within U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement to prepare notices to appear. These staff members must work under an immigration officer's supervision and have received the necessary training before they can issue these notices for the officer's review and approval.

The section outlines a process where certain immigrants facing deportation can go through provisional noncustodial removal proceedings if they indicate they will apply for protection, like asylum. It ensures these individuals are not held in custody during the process, sets a timeline for concluding these proceedings, and includes provisions for keeping families together and assisting individuals who fear persecution or torture.

This legislative section outlines the rules for handling the removal of certain immigrants who are not in custody and want to stay in the U.S. due to fear of danger in their home countries. It describes the procedure for applying, timeframes for decisions, where and how interviews happen, options for appeal if denied protection, and reporting duties to Congress.

The section outlines the process for "Protection Merits Removal Proceedings," which involves starting removal proceedings against certain non-citizens who have been given a positive protection determination. It includes the steps and timelines for notifying the alien, conducting interviews, making decisions on asylum applications, handling appeals, and implementing rules, ensuring the proceedings align with various protections and legal standards.

This section outlines the procedures for handling the removal of immigrants facing deportation while ensuring they have a fair opportunity to present their case for asylum or protection under the Convention Against Torture. It includes the process for notifying the immigrant, conducting interviews, appealing decisions, and details the roles of various authorities in overseeing these proceedings.

The proposed amendments to the Immigration and Nationality Act allow the Secretary of Homeland Security to permit certain non-deportable aliens to voluntarily leave the United States, or to withdraw their admission application before removal proceedings, under specific conditions. These conditions include posting a bond and agreeing to depart within a set timeframe, and failure to comply can result in civil penalties and ineligibility for future immigration relief.

The Secretary of Homeland Security can allow certain non-deportable aliens to leave the U.S. voluntarily at their own expense before or after immigration proceedings, subject to specific conditions like posting a departure bond. Aliens who fail to leave as agreed may face fines and become ineligible for future relief, and courts cannot review decisions related to voluntary departure requests.

The Secretary of Homeland Security can allow an immigrant to withdraw their application to enter the U.S. if done voluntarily and they plan to leave the country within a specified time. If they fail to leave, they cannot seek further relief for five years, and if they have a child in the U.S., they can choose to leave with the child.

The proposed section establishes a voluntary repatriation program allowing certain non-citizens under immigration proceedings to return to their home country instead of continuing with legal processes. It specifies conditions for eligibility, outlines procedures, and permits the Secretary of Homeland Security to provide transportation and information on reintegration programs, while also addressing family unity and setting potential penalties for those who fail to comply with the return timeline.

The section establishes a voluntary repatriation program where certain eligible aliens in the United States can choose to return to their home country instead of facing deportation or removal proceedings. It outlines the conditions for eligibility, the process for electing repatriation, and the consequences for failing to depart on time, while ensuring family unity and informing aliens about reintegration programs in their home country.

The section modifies parts of the Immigration and Nationality Act to specify that fees collected for immigration examinations cannot cover costs related to certain sections, 235B and 240D, and also states that funds in the Immigration Examinations Fee Account cannot be used to reimburse these costs.

This section outlines special rules for processing certain immigrants arriving by land from neighboring countries, detailing exceptions for immediate processing based on specific needs or situations. It also addresses amendments to the authority for arresting, detaining, and releasing immigrants and sets up reporting and certification processes to ensure new rules are fully operational and well-documented.

The section outlines special rules for processing certain foreign individuals arriving by land from contiguous borders, particularly focusing on exceptions where immediate processing may be delayed for reasons such as medical emergencies, law enforcement needs, or cultural events. It also details how these exceptions are handled and sets forth transition rules for processing these individuals, depending on operational readiness and capacity after certain certifications are made.

The Protection Appellate Board is established within the U.S. Citizenship and Immigration Services to review decisions denying relief or protection for aliens under the Immigration and Nationality Act. It consists of panels made up of three experienced asylum officers who review each case independently, and the board holds exclusive authority over these appeals. The board's determinations are made by majority decision, and the outcomes are reported annually to specific Congressional committees.

The Protection Appellate Board is established to handle appeals of denied asylum claims and consists of three asylum officers from different regions. Their decisions are made by majority vote, and they have the sole authority to review appeals of negative asylum decisions. Annually, they must report various statistics and outcomes to specific committees of Congress while ensuring privacy for all involved.

The text amends the Immigration and Nationality Act to define "protection determination" and "protection merits interview." A protection determination is a screening to decide if a person can stay in the U.S. under certain protective reasons like fear of persecution or torture. A protection merits interview evaluates if a person qualifies as a refugee or for protection due to such risks.

The section updates the Immigration and Nationality Act by changing the standard for what constitutes a "credible fear" from a "significant possibility" to a "reasonable possibility." It also allows asylum officers to consider certain exceptions that might disqualify someone from receiving asylum during the credible fear screening process.

In this section of the bill, an amendment is made to the Immigration and Nationality Act allowing for the consideration of whether an individual seeking asylum could avoid persecution by moving to a different part of their home country. Additionally, adjustments are made to clarify the application of certain clauses in another section of the Act.

The amendment to Section 235(b)(1)(E) of the Immigration and Nationality Act clarifies the role of asylum officers by specifying that they must use nonadversarial techniques and must be employees of U.S. Citizenship and Immigration Services who are not law enforcement officers.

The bill introduces a "border emergency authority" that allows the Secretary of Homeland Security to quickly remove certain non-citizens from the U.S. if there's a surge in people crossing the border. However, the authority does not apply to specific groups, like U.S. citizens or lawful permanent residents, and includes checks for migrants who express fear of persecution or torture to ensure they receive protection as needed.

The text outlines the "border emergency authority," allowing the Secretary of Homeland Security to handle situations with high levels of migration at the U.S. border, including quickly removing unauthorized individuals, unless they meet specific exemption criteria or express fear of persecution. The authority has strict conditions for activation and duration limits, with protocols for seeking protection under asylum laws, and is designed to function with minimal judicial oversight and specific procedural rules, while maintaining operations at border entry points. This authority is temporary and is set to expire three years after its enactment.

The section provides definitions for terms used in the subtitle, explaining what "appropriate committees of Congress," "immigration laws," "Secretary," "special immigrant status," "specified application," and "United States Refugee Admissions Program" mean in the context of the legislative text.

The Secretary of State is required to answer questions from Congress about the status of visa applications for Afghan nationals. If the U.S. embassy in Afghanistan is not open, an office within the State Department will handle interviews, issue travel documents, provide services, and perform other necessary functions for Afghan nationals in Afghanistan.

In this section, individuals from Afghanistan who meet certain criteria can obtain a special "conditional permanent resident status" in the United States. This status has specific rules and assessments to ensure eligibility, allows individuals to access certain benefits, and can lead to full permanent residency, bypassing usual numerical limits, without charging fees for initial documentation.

The section establishes processes to help certain Afghan individuals who assisted U.S. efforts in Afghanistan, defined as "Afghan allies," to be granted refugee status and resettled in the United States. It includes provisions for remote processing of applications, a referral program, free application processing, representation rights, and protection for these individuals, along with the necessary funding to support these measures.

The section focuses on improving the efficiency and oversight of refugee and special immigrant processing. It allows for the acceptance of fingerprint cards from various sources, mandates staffing and resources for vetting applicants, introduces remote processing methods, and requires regular reports on refugee admissions and Afghan ally strategies. An Interagency Task Force on Afghan Ally Strategy is also to be established to handle strategic planning and reporting.

The section of the bill focuses on providing special immigrant visas to specific vulnerable Afghan relatives of U.S. Armed Forces members and veterans, setting a cap of 2,500 visas per fiscal year with a total limit of 10,000. It also extends the Afghan Allies Protection Act program, allows virtual interviews for visa applications, prohibits fees for visa applications, and mandates quarterly reporting on visa processing, while ensuring eligible Afghans receive protection and resettlement support similar to refugees.

The bill section allows the Secretary of Homeland Security and the Secretary of State to waive or exempt certain fees for Afghan nationals applying for immigrant visas to the United States for a period of ten years from the enactment of the law. This applies to fees normally collected during the visa petition or application process.

The section outlines the requirement for the Secretary to provide quarterly and annual reports to Congress regarding individuals with conditional permanent resident status. These reports must include statistics on people who have had their conditions removed, those deemed ineligible, and those currently in removal proceedings, along with a review of removal options from the United States.

The section amends the Immigration and Nationality Act to allow certain fiancés, spouses, and children of U.S. citizens, as well as family members of specialty workers, to work in the U.S. while they are legally admitted. These individuals will receive an "employment authorized" endorsement as part of their lawful admission.

The section amends the Immigration and Nationality Act to increase the number of visas available for fiscal years 2025 to 2029, changing the family-based visa cap to 512,000 and the employment-based visa cap to 158,000 annually, with the unused visas remaining available until issued.

The section discusses provisions to help children of long-term H-1B visa holders. It allows these children to maintain their dependent status and gain work authorization in the U.S. even after turning 21, provided they've held dependent status for at least 8 years, and it safeguards them against removal while their status is being processed.

The section updates the Immigration and Nationality Act regarding military naturalization by removing section 328 and revising section 329. These changes include adjustments to the requirements for naturalization based on military service, such as clarifying the definitions of service and the eligible areas for applicants.

The section introduces a new type of temporary visa for family visits to the United States, detailing the conditions and requirements for such visas, especially for relatives of U.S. citizens or lawful permanent residents who are awaiting immigrant visas. It outlines the necessary documentation, eligibility criteria, and limitations for these visas, while maintaining existing rules for pleasure travel visas.

In the amendment to the Immigration and Nationality Act, it is specified that asylum seekers generally cannot work unless allowed by the Secretary of Homeland Security. Additionally, anyone applying for employment authorization under these rules must wait at least 180 days after submitting their asylum application.

The proposed legislation allows the Secretary of Homeland Security to grant work permission to certain immigrants who have received positive protection evaluations and are released from custody. Employment authorization can last for two years and be renewed while the immigrants undergo further legal proceedings or reviews, but it will end if they receive a negative determination or obtain other employment authorization.

The section explains that the Secretary of Homeland Security can grant the right to work in the U.S. to certain immigrants who meet specific processing and protection conditions. Employment authorization is initially valid for two years and can be renewed until the immigrant receives a negative protection decision or qualifies for work authorization under a different rule.

The section amends the Immigration and Nationality Act to ensure that the Department of Homeland Security provides aliens with clear information about protection determinations in a language they understand, guarantees they have access to consultations before any interviews, and allows them to waive certain waiting periods only under specific conditions. It also updates another part of the Act to ensure aliens have access to counsel.

The section revises existing legislation to ensure that unaccompanied alien children in the custody of the U.S. Secretary of Health and Human Services or Homeland Security have access to legal counsel, especially those aged 13 and younger, with an emphasis on using pro bono services whenever possible. Additionally, it outlines exceptions, age determination procedures, and remedies for when a child can be represented, while restricting when these rights no longer apply, such as when removal proceedings are finalized or an immigration benefit is granted.

In this section of the Immigration and Nationality Act, it states that an immigration judge can appoint legal representation for aliens in removal proceedings if they are found to be incompetent, meaning they can't understand or participate in their case due to mental incapacity. The section also mandates quarterly reports on such cases and specifies that a diagnosis of mental illness doesn't automatically mean incompetence.

Section 292 of the Immigration and Nationality Act is revised to state that individuals involved in removal proceedings have the right to be represented by a lawyer, as long as it doesn't cost the federal government. However, the government can choose to pay for lawyers for unaccompanied children and certain adults who are unable to represent themselves, depending on available funds.

In removal and appeal proceedings, individuals can have a lawyer represent them, but they have to pay for it themselves. However, the government may provide a lawyer for free to certain groups, such as unaccompanied alien children and some individuals who cannot handle their own cases, if there is enough funding.

The section requires that within 1 year and 180 days after a new law is passed, and every year after that, the Secretary must report to Congress and the public about how they are managing work permits for immigrants. This includes the number of permits given or denied, how well they keep up with deadlines, reasons for any revoked work permits, and the average time it takes to revoke a work permit if an immigrant is later ordered to leave the country.

The section requires the Secretary to submit an annual report to Congress and the public about how aliens in custody access legal help. It details tracking the number of aliens who got legal representation, waived the waiting period, needed interpretation services, got information in their language, and checks if the policies are publicly available.

The section requires the Director of U.S. Citizenship and Immigration Services to annually report to Congress and the public on statistics about aliens requesting protection under specific sections of the Immigration and Nationality Act. This includes details such as the number of requests, outcomes of screenings or determinations, appeals, reconsiderations, and withdrawals of application, along with some demographic information about the applicants.

The section requires the Commissioner for U.S. Customs and Border Protection to publish monthly statistics on a variety of immigration and border-related topics, such as the number and details of alien encounters, seizures, border emergency actions, and other specific data. These reports must ensure the privacy of individuals and define any terms used, while providing a clear picture of operational activities involving border and immigration enforcement.

The section outlines a requirement for the Secretary of Homeland Security to submit an annual report to Congress detailing the number of immigrants paroled into the United States. The report must include various details, such as the number of applications, approvals, and terminations, broken down by factors like nationality and age group, while also ensuring the protection of personal information.

The section outlines a requirement for the Secretary to submit a report within 13 months regarding the operation of certain immigration procedures. This report must detail the processing of aliens, including interviews, legal counsel outcomes, compliance with detention alternatives, and time taken for various processes, while ensuring privacy protection.

The section outlines that within just over a year after the law's enactment, the Secretary must provide a report to Congress on the execution of a specific immigration law. This report should cover various details, including the number of people who used the law's provisions, demographic breakdowns, cost comparisons of repatriation flights, participation in reintegration programs, compliance failures, penalties applied, and those who left as required.

The section requires the Comptroller General to study how immigration judges and asylum officers make decisions about asylum and related protections to see if there are differences in their decision rates. After the analysis, recommendations must be made to ensure both agencies have consistent decision-making practices.

The section requires the Secretary of Health and Human Services to submit an annual report to Congress about unaccompanied alien children who received legal counsel. The report must include data on how many children received counsel, their age ranges, sponsorship categories, case outcomes, and any appeals, while ensuring that personal information is protected according to privacy laws.

The section amends the Immigration and Nationality Act by requiring the Secretary of Homeland Security and the Secretary of State to prepare and submit an annual report to Congress about countries that refuse or delay accepting back their citizens who have been ordered to leave the United States. The report must include a list of such countries, details of the delays, actions taken by the U.S. to encourage acceptance, and information on affected individuals, including those detained or with criminal convictions.

If any part of this division or its amendments is found to be unconstitutional, the rest of the division and its amendments will still remain valid and unaffected for everyone else.

The bill section states that the financial impacts of this part of the law should not be recorded on the PAYGO scorecards, which are used to track spending and revenue effects according to certain federal budget rules. Additionally, these financial impacts should not be calculated for specific budget-related purposes as mentioned in various legislative acts.