Tuna

December 14, 2023

Aye

December 14, 2023

Mr. ELROY proposes on behalf of himself, Mr. HUNT, Ms. STOHL, the President of the United States, and others

A BILL

To invest in America's working class through job creation, expanded manufacturing and mining capacity, infrastructure development and modernization, education reform, and tax relief for the purpose of making the United States competitive in the 21st Century.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title

1. This act may be cited as the "Securing America's Borders, Communities, and Allies Act"

Section 2. Table of Contents

SEC. I. Short Title.

SEC. II. Table of Contents.

TITLE I: SECURING AMERICA'S BORDERS

SEC. 1001. HIRING IMMIGRATION JUDGES, IMMIGRATION AND CUSTOMS ENFORCEMENT ATTORNEYS, AND SUPPORT STAFF.

SEC. 1002. IMMIGRATION COURT DOCKETING PRIORITIES DURING IRREGULAR MIGRATION INFLUX EVENTS.

SEC. 1003. ESTABLISHMENT OF REGIONAL PROCESSING CENTERS.
SEC. 1004. BORDER SECURITY INFRASTRUCTURE.
SEC. 1005. UNITED STATES BORDER PROTECTION.
SEC. 1006. UNITED STATES COAST GUARD.

SEC. 1007. INTELLIGENCE AGENCIES.

SEC. 1008. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY TECHNOLOGY ALONG THE SOUTHERN BORDER.

SEC. 1009. COUNTER ILLICIT CROSS-BORDER TUNNEL OPERATIONS.

SEC. 1010. AUTHORITY TO DELAY TERRORIST AND CARTEL FIREARM TRANSFERS.

SEC. 1011. PASSPORT DENIAL, LIMITATION, AND REVOCATION REFORM.

SEC. 1012. E-VERIFY

SEC. 1013. AUTHORIZATION OF ACTIVE-DUTY, RESERVE, AND NATIONAL GUARD UNITS TO ASSIST CBP WITH BORDER SECURITY

TITLE II - SECURING AMERICAN COMMUNITIES

SUBTITLE A - DEFENDING LAW ENFORCEMENT

SEC. 2001. DEATH PENALTY FOR KILLING LAW ENFORCEMENT OFFICERS. (with thanks to Mr. Gerlach)

SEC. 2002. DEPORTATION FOR ASSAULT OF LAW ENFORCEMENT (with thanks to Mr. Garbarino)

SEC. 2003. COPS ON THE BEAT GRANT PROGRAM PARITY ACT

SEC. 2004. HALT FENTANYL ACT

SEC. 2005. H-50 VISA PROGRAM

SEC. 2006. LOSS OF NATIONALITY

SEC. 2007. INADMISSABILITY AND DEPORTABILITY OF GANG MEMBERS

TITLE III - SECURING AMERICA'S ALLIES

SUBTITLE A - DEMOCRACY DEFENSE COMMISSION

SEC. 3001. ESTABLISHMENT OF DEMOCRACY DEFENSE COMMISSION

SEC. 3002 OVERSIGHT AND DISTRIBUTION

SEC. 3003 FUNDING AND DISTRIBUTION STIPULATIONS

TITLE I — SECURING AMERICA'S BORDERS (with thanks to R13)

SEC. 1001. HIRING IMMIGRATION JUDGES, IMMIGRATION AND CUSTOMS ENFORCEMENT ATTORNEYS, AND SUPPORT STAFF.

(a) Department of Justice.—

(1) Assistant Attorney General for Immigration Enforcement.—

(A) Establishment.—There is established within the Department of Justice the position of Assistant Attorney General for the Immigration Division, which shall coordinate and prioritize immigration litigation and enforcement in the Federal courts, including—

1. removal and deportation;

2. employer sanctions; and

3. alien smuggling and human trafficking.

(b) Conforming Amendment.—Section 506 of title 28, United States Code, is amended by striking “11” and inserting “12”.

(2) The Immigration Judges.—The Attorney General shall increase the number of immigration judges by no less than an additional 1000 judges by the end of fiscal year 2029, as compared to the number of immigration judges as of the date of the enactment of this Act; and the corresponding number of support staff, as necessary.

(3) Litigation and United States Attorneys.—In each of fiscal years 2025 through 2029, the Attorney General shall, subject to the availability of appropriations for such purpose, increase the number of positions for attorneys that is consistent with the workload staffing model to support the increase in immigration judges in the Office of Immigration Litigation of the Department of Justice and the number of attorneys in the United States Attorneys’ office to litigate immigration cases in the Federal courts

(c) Authorization Of Appropriations.—There are authorized to be appropriated to the Department of Justice for each of fiscal years 2025 through 2029 such sums as may be necessary to carry out this subsection, including the hiring of necessary support staff.

(b) Department of Homeland Security.—

(1) Immigration And Customs Enforcement Attorneys.—The Director of U.S. Immigration and Customs Enforcement shall increase the number of attorneys and staff employed by U.S. Immigration and Customs Enforcement by the number that is consistent with the workload staffing model to support the increase in immigration judges.

(2) Investigative personnel .—In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by no less than 2000 the number of positions for investigative personnel within the Department of Homeland Security's Homeland Security Investigations.

(3) Authorization Of Appropriations.—There are authorized to be appropriated such sums as may be necessary for—

1. the hiring of support staff, U.S. Immigration and Customs Enforcement attorneys, and Homeland Security investigative personnel under this section; and

2. the lease, purchase, or construction of facilities or equipment (including video teleconferencing equipment and equipment for electronic filing of immigration cases), and the transfer of federally owned temporary housing units to serve as facilities, for—

(a) the increased number of immigration judges, attorneys, and support staff under this section; and

(b) conducting immigration court proceedings in close proximity to the locations at which aliens are apprehended and detained.

SEC. 1002. IMMIGRATION COURT DOCKETING PRIORITIES DURING IRREGULAR MIGRATION INFLUX EVENTS.
(a) In General.—The Attorney General shall, to the greatest extent practicable, prioritize docketing and processing of removal cases under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) for aliens who are apprehended on entering the United States in connection with an irregular migration influx event.

(b) Irregular Migration Influx Events.—The Attorney General, in consultation with the Secretary, shall establish criteria for determining when an irregular migration influx event commences and ends for purposes of carrying out the docketing priorities under subsection (a).

(c) Access To Legal Counsel.—The Attorney General shall ensure that any master calendar or merits hearing in a removal case prioritized under subsection (a) is scheduled on a date and at a time that permits the alien a fair and reasonable opportunity to consult with and retain counsel prior to such hearing, consistent with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362).

(d) Report To Congress.—Not later than December 31, 2025, the Attorney General shall submit to the appropriate committees of Congress a report that includes—

(1) the number of aliens who were apprehended after entering the United States in connection with an irregular migration influx event identified in accordance with subsection (b) and placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a), organized by the fiscal year in which the apprehension occurred and stating the number of single adults, unaccompanied alien children, and aliens that are apprehended as part of a family unit;

(2) the number of aliens identified under paragraph (1) who appeared at master calendar hearings, including—

(A) the number and percentage represented by counsel at such hearings; and

(B) the average number of days between apprehension and such hearings;

(3) the number of in absentia orders of removal issued to aliens identified under paragraph (1) at master calendar hearings, including the number of such aliens represented by counsel;

(4) the number of aliens identified under paragraph (1) who appeared at final merits hearings, including the number and percentage represented by counsel at such hearings, and the average number of days between apprehension and such hearings; and

(5) the number of in absentia orders of removal issued to aliens identified under paragraph (1) at final merits hearings, including the number of such aliens represented by counsel.

(e) Rule Of Construction.—Nothing in this section shall be construed to permit the Attorney General to adopt abbreviated procedures in connection with adjudication of removal cases prioritized under subsection (a) beyond the extent permitted by law.

(f) Definition.—The term “irregular migration influx event” means a period during which there is a significant increase in, or a sustained large number of, Department of Homeland Security encounters with aliens who—

(1) do not use the formal immigration system of the United States or the countries they are traveling through; and

(2) intend to enter the United States.

SEC. 1003. ESTABLISHMENT OF REGIONAL PROCESSING CENTERS.
Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following:

“SEC. 437. REGIONAL PROCESSING CENTERS.

“(a) In General.—The Secretary shall establish not fewer than 4 regional processing centers located in high traffic sectors of U.S. Border Patrol, as determined by the Secretary, along the southern border land border of the United States (referred to in this section as a ‘regional processing center’).

“(b) Purpose.—The regional processing centers shall carry out processing and management activities, including—

“(1) criminal history checks;

“(2) identity verification;

“(3) biometrics collection and analysis;

“(4) medical screenings;

“(5) asylum interviews and credible fear determinations under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) and reasonable fear determinations under section 241(b)(3)(B) of that Act (8 U.S.C. 1231(b)(3)(B));

“(6) facilitating coordination and communication between Federal entities and nongovernmental organizations that are directly involved in providing assistance to aliens;

“(7) legal orientation programming and communication between aliens and outside legal counsel;

“(8) issuance of legal documents relating to immigration court proceedings of aliens;

“(9) short-term detention of not more than 72 hours before release or transfer to another facility; and

“(10) any other activity the Secretary considers appropriate.

“(c) Personnel And Living Conditions.—The regional processing centers shall include—

“(1) personnel assigned from—

“(A) U.S. Customs and Border Protection;

“(B) U.S. Immigration and Customs Enforcement;

“(C) the Federal Emergency Management Agency;

“(D) U.S. Citizenship and Immigration Services; and

“(E) the Office of Refugee Resettlement;

“(2) upon agreement with an applicable Federal agency, personnel from such Federal agency who are assigned to the regional processing center;

“(3) sufficient medical staff, including physicians specializing in pediatric or family medicine, nurse practitioners, and physician assistants;

“(4) licensed social workers;

“(5) mental health professionals;

“(6) child advocates appointed by the Secretary of Health and Human Services under section 235(c)(6)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(B)); and

“(7) sufficient space to carry out the processing and management activities described in subsection (b).

“(d) Criminal History Checks.—Each criminal history check carried out under subsection (b)(1) shall be conducted using a set of fingerprints or other biometric identifier obtained from—

“(1) the Federal Bureau of Investigation;

“(2) the criminal history repositories of all States that the individual listed as a current or former residence; and

“(3) any other appropriate Federal or State database resource or repository, as determined by the Secretary.

“(e) Exceptions For Additional Purposes.—Subject to operational and spatial availability, in the event of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis requiring the establishment of a departmental Joint Task Force under section 708(b), the Secretary may temporarily utilize a regional processing center to carry out operations relating to such declaration or crisis.

“(f) Donations.—The Department may accept donations from private entities, nongovernmental organizations, and other groups independent of the Federal Government for the care of children and family units detained at a regional processing center, including—

“(1) medical goods and services;

“(2) school supplies;

“(3) toys;

“(4) clothing; and

“(5) any other item intended to promote the well-being of such children and family units.

“(g) Access To Facilities For Private Entities And Nongovernmental Organizations.—

“(1) IN GENERAL.—Private entities and nongovernmental organizations that are directly involved in providing humanitarian or legal assistance to families and individuals encountered by the Department along the southwest border of the United States, or organizations that provide assistance to detained individuals, shall have access to regional processing centers for purposes of—

“(A) legal orientation programming;

“(B) coordination with the Department with respect to the care of families and individuals held in regional processing centers, including the care of families and individuals who are released or scheduled to be released;

“(C) communication between aliens and outside legal counsel;

“(D) the provision of humanitarian assistance; and

“(E) any other purpose the Secretary considers appropriate.

“(2) ACCESS PLAN.—Not later than 60 days after the date of the enactment of this section, the Secretary shall publish in the Federal Register procedures relating to access to regional processing centers under paragraph (1) that ensure—

“(A) the safety of personnel of, and aliens detained in, regional processing centers; and

“(B) the orderly management and operation of regional processing centers.

“(h) Legal Counsel.—Aliens detained in a regional processing center shall have access to legal counsel in accordance with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), including the opportunity to consult with counsel before any legally determinative aspect of the asylum process occurs.

“(i) Procedures To Facilitate Communication With Counsel.—The Secretary shall develop written procedures to permit aliens detained in a regional processing center to visit with, and make confidential telephone calls to, legal representatives and legal services providers and to receive incoming calls from legal representatives and legal services providers, in a private and confidential space while in custody, for the purposes of retaining or consulting with counsel or obtaining legal advice from legal services providers.

“(j) Legal Orientation.—

“(1) IN GENERAL.—An alien detained in a regional processing center shall be provided the opportunity to receive a complete legal orientation presentation administered by a nongovernmental organization in cooperation with the Executive Office for Immigration Review.

“(2) TIMELINE.—

“(A) IN GENERAL.—The Secretary shall prioritize the provision of the legal orientation presentation required by paragraph (1) to an alien within 12 hours of apprehension.

“(B) REQUIREMENT.—In the case of an alien who does not receive such legal orientation presentation within 12 hours of apprehension, the Secretary shall ensure that the alien receives the presentation—

“(i) not later than 24 hours after apprehension; and

“(ii) not less than 24 hours before the alien initially appears before an asylum officer or immigration judge in connection with a claim for asylum.

“(k) Management Of Regional Processing Centers.—

“(1) OPERATION.—The Commissioner of U.S. Customs and Border Protection, in consultation with the interagency coordinating council established under paragraph (2), shall operate the regional processing centers.

“(2) INTERAGENCY COORDINATING COMMITTEE.—

“(A) ESTABLISHMENT.—There is established an interagency coordinating committee for the purpose of coordinating operations and management of the regional processing centers.

“(B) MEMBERSHIP.—The interagency coordinating committee shall be chaired by the Commissioner of U.S. Customs and Border Protection, or his or her designee, and shall include representatives designated by the heads of the following agencies:

“(i) U.S. Immigration and Customs Enforcement.

“(ii) The Federal Emergency Management Agency.

“(iii) U.S. Citizenship and Immigration Services.

“(iv) The Office of Refugee Resettlement.

“(v) Any other agency that supplies personnel to the regional processing centers, upon agreement between the Commissioner of U.S. Customs and Border Protection and the head of such other agency.”.

SEC. 1004. BORDER SECURITY INFRASTRUCTURE.
(a) Budget - There shall be appropriated an additional sum of: $20,000,000,000 for Fiscal Year 2025, $22,000,000,000 for Fiscal Year 2026, $23,000,000,000 for Fiscal Year 2027, $23,500,000,000 for Fiscal Year 2028, $24,000,000,000 for Fiscal Year 2029, $24,050,000,000 for Fiscal Year 2030 and in perpetuity, adjusted annually for inflation to the Department of Homeland Security to upgrade and improve border infrastructure equipment as noted in this section.
(b) Enhancements - The commissioner of the U.S. Border Patrol shall—

(i) deploy additional mobile, video, and agent-portable surveillance systems, and unarmed, unmanned aerial vehicles in the Southwest border region as necessary to provide 24-hour operation and surveillance

(ii) operate unarmed unmanned aerial vehicles along the Southern border for 24 hours per day and for 7 days per week;
(iii) deploy unarmed additional fixed-wing aircraft and helicopters along the Southern border
(iv) acquire new rotorcraft and make upgrades to the existing helicopter fleet
(v) increase horse patrols in the Southwest border region
(vi) acquire and deploy watercraft and other equipment to provide support for border-related maritime anti-crime activities.

SEC. 1005. UNITED STATES BORDER PROTECTION.
(a) Budget - The budget of U.S. Customs and Border Protection shall be increased by $750 million per year for each of the next five fiscal years; such additional funding shall be used to hire additional agents, and implement the training program below.
(b) Training - The Secretary of the Homeland Security shall ensure that U.S. Customs and Border Protection officers, U.S. Border Patrol agents, U.S. Immigration and Customs Enforcement officers and agents, United States Air and Marine Division agents, and agriculture specialists stationed within 100 miles of any land or marine border of the United States or at any United States port of entry receive appropriate training, which shall be prepared in collaboration with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, in—
(i) identifying and detecting fraudulent travel documents;
(ii) civil, constitutional, human, and privacy rights of individual
(iii) the scope of enforcement authorities, including interrogations, stops, searches, seizures, arrests, and detentions, immigration laws, including screening, identifying, and addressing vulnerable populations, such as children, victims of crime and human trafficking, and individuals fleeing persecution or torture.

(c) End to Mandatory polygraph - Upon passage of this act, the Anti-Border Corruption Act shall be amended.

(I)Mandatory polygraph for all Customs and Border Protection law enforcement positions shall be removed.

(iii)Customs and Border Protection can and still reserves the right to polygraph all positions within the agency.

SEC. 1006. UNITED STATES COAST GUARD.
(a) An additional $900 million per year for each of the next five fiscal years is appropriated to the U.S. Coast Guard.

(b) Direction of Funds - The funds appropriated by this section shall be used for, but not limited to the—

(i) operations and support activities of the coast guard

(ii) environmental compliance and restoration activities of the coast guard

(iii) procurement, construction, and improvements activities of the coast guard

(iv) research and development activities of the coast guard

SEC. 1007. INTELLIGENCE AGENCIES.
The sum of $900 million per year for each of the next five fiscal years is hereby appropriated to the office of the Director of National Intelligence, who shall distribute the money to U.S. intelligence agencies for the purposes of:
(i) gathering intelligence about attempts by terrorist organizations, drug cartels, foreign powers, or other malicious actors to bring weapons, drugs, agents, or other items or people across the US border for illegal purposes;
(ii) detecting and disrupting the finances and money laundering operations of terrorist groups or drug cartels;
(iii) detecting and disrupting all potential attacks against the United States by means of smuggling or otherwise illegally crossing any maritime or land border of the United States.

SEC. 1008. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY TECHNOLOGY ALONG THE SOUTHERN BORDER.

Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1103 note) is amended—

(1) in subsection (a)—

(A) by inserting “and border technology” before “in the vicinity of”; and

(B) by striking “illegal crossings in areas of high illegal entry into the United Sates” and inserting “, impede, and detect illegal activity and entry into the United States”;

(2) in subsection (b)—

(A) in the heading by striking “Road Improvements” and inserting “Navigable Roads”; and

(B) by adding at the end the following new paragraph:
“(5) ADDITIONAL NAVIGABLE ROADS ALONG THE SOUTHWEST BORDER.—

“(A) NAVIGABLE ROAD DEFINED.—In this subsection, the term ‘navigable road’ means a contiguous, navigable road.

“(B) NAVIGABLE ROADS.—In carrying out subsection (a), the Secretary of Homeland Security shall construct a navigable road along not less than 700 miles of the southwest border where most practical and effective to gain operational control of the southwest border.

“(C) PRIORITY AREAS.—In carrying out this paragraph, the Secretary of Homeland Security shall—

“(i) identify the 700 miles, or other mileage determined by the Secretary, along the southwest border where a navigable road would be most practical and effective in deterring smugglers and aliens attempting to gain illegal entry into the United States; and

“(ii) not later than December 31, 2026, complete construction of a navigable road along the miles identified under clause (i).

“(D) CONSULTATION.—

“(i) IN GENERAL.—In carrying out this paragraph, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian Tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which navigable roads are to be constructed.

“(ii) SAVINGS PROVISION.—Nothing in this subparagraph may be construed to—

“(I) create or negate any right of action for a State, local government, Indian Tribe, or other person or entity affected by this subsection; or

“(II) affect the eminent domain laws of the United States or of any State.”;

(3) in subsection (c)(1), by inserting “and, pursuant to subsection (d), the installation, operation, and maintenance of technology,” after “barriers and roads”; and

(4) by adding at the end the following new subsections:

“(e) Installation, Operation, And Maintenance Of Technology.—

“(1) IN GENERAL.—Not later than January 1, 2026, the Secretary of Homeland Security, in carrying out subsection (a), shall deploy the most practical and effective technology available along the United States border for achieving situational awareness and operational control of the border.

“(2) TECHNOLOGY DEFINED.—In this subparagraph, the term ‘technology’ includes border surveillance and detection technology, including—

“(A) radar surveillance systems;

“(B) Vehicle and Dismount Exploitation Radars (VADER);

“(C) 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology;

“(D) sensors;

“(E) unmanned cameras;

“(F) man-portable and mobile vehicle-mounted unmanned aerial vehicles; and

“(G) any other devices, tools, or systems found to be more effective or advanced than those specified in subparagraphs (A) through (F).”.

SEC. 1009. COUNTER ILLICIT CROSS-BORDER TUNNEL OPERATIONS.

(a) Counter Illicit Cross-Border Tunnel Operations Strategic Plan.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall develop a strategic plan to address the following:

(A) Risk-based criteria to be used to prioritize the identification, breach, assessment, and remediation of illicit cross-border tunnels.

(B) Promote the use of innovative technologies to identify, breach, assess, and remediate illicit cross-border tunnels in a manner that, among other considerations, reduces the impact of such activities on surrounding communities.

(C) Processes to share relevant illicit cross-border tunnel location, operations, and technical information.

(D) Indicators of specific types of illicit cross-border tunnels found in each U.S. Border Patrol sector identified through operations to be periodically disseminated to U.S. Border Patrol sector chiefs to educate field personnel.

(E) A counter illicit cross-border tunnel operations resource needs assessment that includes consideration of the following:

(i) Technology needs.

(ii) Staffing needs, including the following:

(I) A position description for counter illicit cross-border tunnel operations personnel.

(II) Any specialized skills required of such personnel.

(III) The number of such full time personnel, disaggregated by U.S. Border Patrol sector.

(2) REPORT TO CONGRESS ON STRATEGIC PLAN.—Not later than one year after the issuance of the strategic plan required under paragraph (1), the Commissioner of U.S. Customs and Border Protection 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 on the implementation of paragraph (1).

(b) Authorization Of Appropriations.—There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection $1 million for each of the next two fiscal years to carry out remediation operations of illicit cross-border tunnels.

SEC. 1010. AUTHORITY TO DELAY TERRORIST AND CARTEL FIREARM TRANSFERS.

(a) In General.—Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish a process by which, for any resident who is not a U.S. citizen, or within the previous 10 years was, the subject of a terrorism, drug trafficking, or human trafficking investigation by any Federal department or agency—

(1) the Attorney General may delay the transfer of the firearm or explosive to such person for a period not to exceed 7 business days and file an emergency petition in a court of competent jurisdiction to prevent the transfer of the firearm or explosive, and such emergency petition and subsequent hearing shall receive the highest possible priority on the docket of the court of competent jurisdiction and be subject to the Classified Information Procedures Act (18 U.S.C. App.);

(2) such person receives actual notice of the hearing and is provided with an opportunity to participate with counsel and the emergency petition shall be granted if the court finds that there is probable cause to believe that the person is engaged, or has been engaged, in conduct constituting, in preparation of, in aid of, or relating to terrorism, or providing material support or resources therefor;

(3) if the emergency petition is denied, the Government shall be responsible for all reasonable costs and attorneys’ fees; and

(4) the Attorney General may arrest and detain such person for whom an emergency petition has been filed where probable cause exists to believe that the person is engaged, or has been engaged, in conduct constituting, in preparation of, in aid of, or relating to terrorism, or providing material support or resources therefor.

(b) Report.—Not later than 60 days after the date of enactment of this Act, and quarterly thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report providing, for the reporting period—

(1) the number of emergency petitions filed under subsection (a);

(2) the number of individuals prevented a firearm or explosive transfer under an order granting an emergency petition filed under subsection (a); and

(3) the number of instances in which a court denied an emergency petition filed under subsection (a).

SEC. 1011. PASSPORT DENIAL, LIMITATION, AND REVOCATION REFORM.

In General -- The Act entitled “An Act to regulate the issue and validity of passports, and for other purposes”, approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the “Passport Act of 1926”, is amended by adding at the end the following new section:

“SEC. 4. AUTHORITY TO DENY, LIMIT, OR REVOKE PASSPORTS AND PASSPORT CARDS TO INDIVIDUALS AFFILIATED WITH FOREIGN TERRORIST ORGANIZATIONS AND DRUG CARTELS.

“(a) Ineligibility.—

“(1) ISSUANCE.—Except as provided in subsection (b), the Secretary of State may not issue a passport or passport card to any individual whom the Secretary has determined—

“(A) is a member of or is otherwise affiliated with an organization the Secretary has designated as a foreign terrorist organization or drug trafficking cartel pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or

“(B) has aided, abetted, or provided material support to such an organization.

“(2) REVOCATION.—Except as provided in subsection (b), the Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1).

“(b) Exceptions.—

“(1) EMERGENCY CIRCUMSTANCES, HUMANITARIAN REASONS, AND LAW ENFORCEMENT PURPOSES.—Notwithstanding paragraphs (1) and (2) of subsection (a), the Secretary of State may issue or decline to revoke a passport or passport card, in emergency circumstances, for humanitarian reasons, or for law enforcement purposes, to an individual described in paragraph (1) of such subsection.

“(2) LIMITATION FOR RETURN TO UNITED STATES.—Notwithstanding subsection (a)(2), the Secretary of State, before revocation, shall—

“(A) limit a previously issued passport or passport card only for return travel to the United States; or

“(B) issue a limited passport or passport card that only permits return travel to the United States.

“(c) Right Of Review.—Any person who, in accordance with this section, is denied issuance of a passport or passport card by the Secretary of State, or whose passport or passport card is revoked or otherwise limited by the Secretary of State, may request a hearing before the Secretary not later than 60 days after receiving notice of such denial, revocation, or limitation.

“(d) Report.—If the Secretary of State issues, limits, or declines to revoke a passport or passport card in accordance with subsection (b), the Secretary shall, not later than 30 days after any such action, submit to Congress a report on such action.”.

SEC. 1012. E-VERIFY
(a) In General — The E-Verify Act is hereby enacted into law.

(b) AGRICULTURAL EMPLOYMENT.— Employers of employees performing agricultural employment (as defined in section 218A of the E-Verify Act enacted in subsection (a)) shall be exempt from participation in the System established under this section as it relates to employees performing agricultural employment.

SEC. 1013. AUTHORIZATION OF ACTIVE-DUTY, RESERVE, AND NATIONAL GUARD UNITS TO ASSIST CBP WITH BORDER SECURITY

(a) Service Members who are assigned to assist CBP with border security and have received the proper amount of training to enforce federal immigration law within fifty miles of the border between the United States and Mexico.

(b) Authorization of local and state law enforcement to enforce Federal immigration law.

(1)Local, state, and tribal law enforcement agencies shall have the option to join a program.
(A) That shall be housed within Customs and Border Protection.

(B) Agencies that wish to be apart of this program must apply to the Director of Customs and Border Protection.

(C) In which if approved the agency in question must train its officers with curriculum that has been approved by the Customs and Border Protection training division on current Federal Immigration Law.

(D) Officers who have passed the training are dual sworn when enforcing Federal immigration law.

(c) Prosecution Authority —Notwithstanding any other provision of law, State prosecutors are authorized to initiate prosecutions for violations of Federal immigration law referred to in subsection (a) in a United States District Court that has jurisdiction over—

(1) the place at which any such violation occurred; or

(2) the place at which the person charged for any such violation is apprehended.

(d) Conforming amendment.—Section 279 of the Immigration and Nationality Act (8 U.S.C. 1329) is amended—

(1) by inserting “, or by a State prosecutor” before “that arise”; and

(2) by inserting “It shall be the duty of the State prosecutor of the appropriate State to prosecute every such suit when brought by a State.” after “United States.”

SEC. 1014. AMENDMENTS TO THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT AND THE IMMIGRATION AND NATIONALITY ACT.

(a) Enforcement of Immigration Law.—

(1) In General.—Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended—

(A) by striking subsection (a) and inserting the following:

“(a) In General.—Notwithstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity, and no individual, may prohibit or in any way restrict, a Federal, State, or local government entity, official, or other personnel from complying with the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from assisting or cooperating with Federal law enforcement entities, officials, or other personnel regarding the enforcement of these laws.”;

(B) by striking subsection (b) and inserting the following:

“(b) Law Enforcement Activities.—Notwithstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity, and no individual, may prohibit, or in any way restrict, a Federal, State, or local government entity, official, or other personnel from undertaking any of the following law enforcement activities as they relate to information regarding the citizenship or immigration status, lawful or unlawful, the inadmissibility or deportability, or the custody status, of any individual:

“(1) Making inquiries to any individual in order to obtain such information regarding such individual or any other individuals.

“(2) Notifying the Federal Government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a State or political subdivision of a State.

“(3) Complying with requests for such information from Federal law enforcement entities, officials, or other personnel.”;

(C) in subsection (c), by striking “Immigration and Naturalization Service” and inserting “Department of Homeland Security”; and

(D) by adding at the end the following:

“(d) Compliance.—

“(1) TRANSFER OF CUSTODY OF ALIENS PENDING REMOVAL PROCEEDINGS.—The Secretary, at the Secretary’s discretion, may decline to transfer an alien in the custody of the Department of Homeland Security to a State or political subdivision of a State found not to be in compliance with subsection (a) or (b), regardless of whether the State or political subdivision of the State has issued a writ or warrant.

“(2) TRANSFER OF CUSTODY OF CERTAIN ALIENS PROHIBITED.—The Secretary shall not transfer an alien with a final order of removal pursuant to paragraph (1)(A) or (5) of section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to a State or a political subdivision of a State that is found not to be in compliance with subsection (a) or (b).

“(3) ANNUAL DETERMINATION.—The Secretary shall determine for each calendar year which States or political subdivision of States are not in compliance with subsection (a) or (b) and shall report such determinations to Congress by March 1 of each succeeding calendar year.

“(4) REPORTS.—The Secretary of Homeland Security shall issue a report concerning the compliance with subsections (a) and (b) of any particular State or political subdivision of a State at the request of the House or the Senate Judiciary Committee.

“(e) Construction.—Nothing in this section shall require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense.”.

(2) Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act, except that subsection (d) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section, shall apply only to prohibited acts committed on or after the date of the enactment of this Act.

(b) In General.—Section 287(d) of the Immigration and Nationality Act (8 U.S.C. 1357(d)) is amended to read as follows:

“(d) Detainer Of Inadmissible Or Deportable Aliens.—

“(1) IN GENERAL.—In the case of an individual who is arrested by any Federal, State, or local law enforcement official or other personnel for the alleged violation of any criminal or motor vehicle law, the Secretary may issue a detainer regarding the individual to any Federal, State, or local law enforcement entity, official, or other personnel if the Secretary has probable cause to believe that the individual is an inadmissible or deportable alien.

“(2) PROBABLE CAUSE.—Probable cause is deemed to be established if—

“(A) the individual who is the subject of the detainer matches, pursuant to biometric confirmation or other Federal database records, the identity of an alien who the Secretary has reasonable grounds to believe to be inadmissible or deportable;

“(B) the individual who is the subject of the detainer is the subject of ongoing removal proceedings, including matters where a charging document has already been served;

“(C) the individual who is the subject of the detainer has previously been ordered removed from the United States and such an order is administratively final;

“(D) the individual who is the subject of the detainer has made voluntary statements or provided reliable evidence that indicate that they are an inadmissible or deportable alien; or

“(E) the Secretary otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien.

“(3) TRANSFER OF CUSTODY.—If the Federal, State, or local law enforcement entity, official, or other personnel to whom a detainer is issued complies with the detainer and detains for purposes of transfer of custody to the Department of Homeland Security the individual who is the subject of the detainer, the Department may take custody of the individual within 48 hours (excluding weekends and holidays), but in no instance more than 96 hours, following the date that the individual is otherwise to be released from the custody of the relevant Federal, State, or local law enforcement entity.”.

(c) Immunity.—

(1) IN GENERAL.—A State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), and a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention, acting in compliance with a Department of Homeland Security detainer issued pursuant to this section who temporarily holds an alien in its custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the Department of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining their liability and shall be held harmless for their compliance with the detainer in any suit seeking any punitive, compensatory, or other monetary damages.

(2) FEDERAL GOVERNMENT AS DEFENDANT.—In any civil action arising out of the compliance with a Department of Homeland Security detainer by a State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention, the United States Government shall be the proper party named as the defendant in the suit in regard to the detention resulting from compliance with the detainer.

(3) BAD FAITH EXCEPTION.—Paragraphs (1) and (2) shall not apply to any mistreatment of an individual by a State or a political subdivision of a State (and the officials and personnel of the State or subdivision acting in their official capacities), or a nongovernmental entity (and its personnel) contracted by the State or political subdivision for the purpose of providing detention.

SEC. 1015.

(a) In General — The S.99 Finish the Wall Act is hereby enacted into law.

SEC. 1016.

(a) In General — The S.103 Ending Sanctuary Cities Act is hereby enacted into law.

SEC. 1017.DEFERRED ACTION FOR CHILDHOOD ARRIVALS

(a) Definitions.—

(1) DACA.— The term “DACA” refers to deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals program announced by President Obama on June 15, 2012, and any subsequent revisions or expansions thereof, except for the amendments established under Executive Order #14168.

(2) DACA RECIPIENT.— The term "DACA recipient" refers to an alien who has been granted deferred action under DACA.

(3) SECRETARY.— The term "Secretary" refers to the Secretary of Homeland Security.

(4) DISABILITY.—The term “disability” has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)).

(5) POVERTY LINE.—The term “poverty line” has the meaning given such term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902).

(b) Deferred Action for Childhood Arrivals.—

(1) CODIFICATION OF DACA.— The Secretary shall continue to implement and administer DACA in accordance with the terms and conditions of the policy, as in effect on the date of enactment of this Act, and any subsequent revisions or expansions thereof, except for the amendments established under Executive Order #14168.

(2) ELIGIBILITY.— An individual is eligible for deferred action under DACA if the individual:

(A) Was under the age of 31 years as of June 15, 2012;

(B) Arrived in the United States before reaching the age of 16 years;

(C) Has continuously resided in the United States since June 15, 2007, up to the present time;

(D) Was physically present in the United States on June 15, 2012, and at the time of making the request for deferred action;

(E) Had no lawful status on June 15, 2012;

(F) Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, provides proof of employment, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

(G) Has not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

(H) BENEFITS.— A DACA recipient shall be granted:

(i) A renewable period of deferred action from removal for two years, subject to the discretion of the Secretary;

(ii) An employment authorization document; and

(iii) A social security number.

(3) LIMITATIONS.— A DACA recipient:

(A) Shall not be considered to be lawfully present in the United States for any purpose, except for the purposes of federal and state taxation and the Affordable Care Act;

(B) Shall not be eligible for any federal public benefit, except for emergency medical care and services necessary for the protection of life or safety;

(C) Shall not be eligible for any state or local public benefit, unless otherwise provided by state or local law;

(D) Shall not be eligible for any immigration benefit or relief, except for adjustment of status under subsection (c) of this Section; and

(E) Shall not have any right or privilege to apply for or obtain citizenship or naturalization of the United States, except as provided by law.

(c) RULES FOR ADJUSTMENT OF STATUS TO ALIENS.— The Secretary may adjust the status of a DACA recipient to that of an alien lawfully admitted for permanent residence if the DACA recipient:

(1) Applies for such adjustment within one year after the date of enactment of this Act;

(2) Has been continuously physically present in the United States for a period of 10 years prior to the date of this enactment;

(3) Has not abandoned his or her residence in the United States;

(4) Has not engaged in any activity that would make him or her inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), except for the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of such section;

(5) Has not been convicted of any federal, state, or local offense that would make him or her deportable under section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)), except for the grounds of deportability specified in paragraphs (1)(B), (1)(C), (1)(D), (1)(E), (3)(A), and (3)(B) of such section;

(6) Has earned a high school diploma, a GED certificate, or a higher education degree from an accredited institution in the United States, or has completed at least two years of higher education in the United States;

(7) Has demonstrated good moral character, as defined in section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)), during the period of deferred action and the period of lawful permanent residence;

(8) Presents proof of employment or income; and

(9) Pays the application fee, under subsection (e), except for exemptions thereof.

(e) APPLICATION FEE.—

(1) IN GENERAL.—The Secretary may require an alien applying for DACA to pay a reasonable fee that is commensurate with the cost of processing the application.

(2) EXEMPTION.—An applicant may be exempted from paying the fee required under subparagraph (A) if the alien:

(A) (i) is younger than 18 years of age;

(ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and

(iii) is in foster care or otherwise lacking any parental or other familial support;

(B) is younger than 18 years of age and is homeless;

(C) (i) cannot care for himself or herself because of a serious, chronic disability; and

(D) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or

(E) (i) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and

(ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line.

(f) WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY AND DEPORTABILITY.— The Secretary may waive the application of any ground of inadmissibility or deportability under section 212(a) or 237(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a) or 1227(a)), except for the grounds specified in paragraphs (2), (3), (4), (6)(C), (6)(E), (6)(G), (8), (10)(A), (10)(B), (10)(C), and (10)(D) of section 212(a) and paragraphs (2), (4), and (6) of section 237(a), for humanitarian purposes, family unity, or if the waiver is otherwise in the public interest.

(g) NUMERICAL LIMITATIONS.— The numerical limitations on visas under section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) shall not apply to the adjustment of status of a DACA recipient under this section.

(h) EFFECT OF ADJUSTMENT OF STATUS.— Upon the approval of an application for adjustment of status under this section, the Secretary shall cancel the removal proceedings, if any, of the DACA recipient and record the alien's lawful admission for permanent residence as of the date of such approval.

(i) JUDICIAL REVIEW.— There shall be no administrative or judicial review of a determination by the Secretary regarding the eligibility for or the grant or denial of deferred action or adjustment of status under this Act, except for constitutional claims or questions of law.

TITLE II - SECURING AMERICAN COMMUNITIES

SUBTITLE A - DEFENDING LAW ENFORCEMENT

SEC. 2001. DEATH PENALTY FOR KILLING LAW ENFORCEMENT OFFICERS. (with thanks to Mr. Gerlach)

Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (16) the following:

“(17) KILLING OF LAW ENFORCEMENT OFFICER.—The defendant killed or attempted to kill a person who is authorized by law to engage in or supervise the prevention, detention, investigation, or prosecution of any criminal violation of law; or to arrest or prosecute an individual for any such violation.”.

SEC. 2002. DEPORTATION FOR ASSAULT OF LAW ENFORCEMENT (with thanks to Mr. Garbarino)

Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

“(G) ASSAULT OF LAW ENFORCEMENT OFFICER.—

“(i) IN GENERAL.—Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of, any offense involving assault of a law enforcement officer is deportable.

“(ii) CIRCUMSTANCES.—The circumstances referred to in clause (i) are that the law enforcement officer was assaulted—

“(I) while he or she was engaged in the performance of his or her official duties;

“(II) because of the performance of his or her official duties; or

“(III) because of his or her status as a law enforcement officer.

“(iii) DEFINITIONS.—In this subparagraph—

“(I) the term ‘assault’ has the meaning given that term in the jurisdiction where the act occurred; and

“(II) the term ‘law enforcement officer’ is a person authorized by law—

“(aa) to apprehend, arrest, or prosecute an individual for any criminal violation of law; or

“(bb) to be a firefighter or other first responder.”.

SEC. 2003. COPS ON THE BEAT GRANT PROGRAM PARITY ACT

In General — The COPS on the Beat Grant Program Parity Act is hereby enacted into law with the following amendment:

Quote

SEC. 6. Background checks and psychological evaluations.

(a) A law enforcement agency using amounts appropriated under this Act to hire or rehire a law enforcement officer—

(1) shall—

(A) perform a background check on the law enforcement officer; and

(B) ensure that the law enforcement officer undergoes a psychological evaluation; and

(2) shall use amounts appropriated under this Act or other funds of the law enforcement agency to cover the cost of carrying out the requirements under paragraph (1).

SEC. 2004. HALT FENTANYL ACT

(a) The HALT Fentanyl Act is hereby enacted into law.

(b) Controlled Substances Act Amendment -

“(i) Special Agents of Homeland Security Investigations and State, Tribal, and local law enforcement officers designated by the Executive Associate Director for Homeland Security Investigations pursuant to section 401(i) of the Tariff Act of 1930 (19 U.S.C. 1401(i)) shall have the powers and authorities described in subsection (a) for the enforcement of this Act, which shall be exercised in the performance of the Department of Homeland Security’s existing functions related to customs and criminal law enforcement under the Homeland Security Act of 2002.

(c) Controlled Substances Import and Export Act Amendment - Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended—

by adding at the end the following:

“(8) In the case of a violation under subsection (a) of this section involving a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, the person committing such a violation involving 400 grams or less shall be sentenced to a term of imprisonment of not less than 20 years and not less than life imprisonment if involving 400 or more grams or if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment.”.

(d) Grant Funding

(i) The sum of $2,500,000,000 per year for fiscal years 2025 to 2029 is hereby appropriated to the Department of Justice Programs within the Department of Justice for the purpose of funding grant programs for state and local police departments. Grant money may be used by grant recipients to:

(a) improve the capabilities of state and local police departments to detect and interdict drug trafficking, especially the trafficking of fentanyl;

(b) improve the training of state and local police departments to detect and interdict drug trafficking, especially the trafficking of fentanyl.

SEC. 2005. H-50 VISA PROGRAM

In General —The H-50 visa program is hereby established within the Department of Homeland Security and the United States Citizenship and Immigration Services.

(a) H-50 visa program shall be a program as defined as follows:

(1) H-50 Program can be entered if a alien has met the following minimum standards.

(A)Not convicted of a felony conviction within the United States or a crime that would be a felony within any state within the United States or Federal Felony.

(B)Be of good moral character.

(C)Not to have illegally voted.

(D)Must be able to show progress of the reading and speaking of the English language.

(b) Aliens who have a order of removal can apply for this visa before deportation to nation of origin.

(c) Priority of this program will be given to aliens who have children.

(d) An alien in this program cannot claim CR-1 visa.

(e) Companies in this program must submit paystubs of all aliens to this program to the United States Citizenship and Immigration Services and Executive Office of Immigration Review.

(f) Companies with more than fifty aliens in this program can request a USCIS office on site in order to ensure no gap occur.

(g) Aliens in this program can also submit their paystubs to the USCIS and EOIR for their own Documation.

(h) Aliens in this program shall have the same federal worker protections as anyone else and when in the program have a social security card.

(i) Upon completion of the administrative order years in service set by the H-50 visa the visa shall atomically become a Permeant Residency Card, with expiate process to become a United States Citizen.

SEC. 2006. LOSS OF NATIONALITY (w/thanks to Underboard, Mr. Specter, and Mr. Reid)

(a) This Section will only be used as a guideline for the Department of State and the Department of Defense to revoke citizenships of those citizens deemed as terrorists

(b) If such persons citizenship has been revoked due to this Section they may appeal such decision in a court of law, and such a decision can be overturned

(c) If such person is appealing such decision a due process hearing must be made within 90 days after receiving such notice of the non issuance, revocation, or restriction

(d) 8 U.S. Code § 1481(a) is amended to add the following:

A person who is a national of the United States whether by birth or naturalization, shall lose his or her nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality:

(8) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state, a political subdivision thereof, or a foreign terrorist organization, after having attained 18 years of age

(9) Entering, or serving in the armed forces of a foreign state or a foreign terrorist organization

(10) Becoming a member of, or providing training or material assistance to any foreign terrorist organization

(e) 22 U.S. Code § 211a shall be amended to add a section as follows:

Except as provided under subsection (b), the Secretary of State may not issue a passport or passport card to any individual whom the Secretary has determined is a member of or is otherwise affiliated with an organization the Secretary has designated as a foreign terrorist organization pursuant to 8 U.S. Code § 1189

The Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1)

The Secretary of State may issue a passport or passport card, in emergency circumstances or for humanitarian reasons, to an individual described in paragraph (1) of such subsection

Notwithstanding subsection (2) the Secretary of State, before revocation may do the following:

limit a previously issued passport or passport card only for return travel to the United States

issue a limited passport or passport card that only permits return travel to the United States

(f) If the Secretary of State issues or limits a passport, passport card or revokes American nationality from an individual the Secretary shall, not later than 60 days after such issuance or limitation, submit to Congress and to the House and Senate Intelligence Committees a report on such issuance and/or limitation.

SEC. 2007. INADMISSABILITY AND DEPORTABILITY OF GANG MEMBERS(w/thanks to Underboard, Mr. Specter, and Mr. Reid)

(a) If a person is person is in a criminal gang or has engaged with criminal gangs within the past 7 years and has has committed any of the following will be subject to Inadmissibility and Deportability

>(1) A felony drug offense as defined in section 102 of the Controlled Substances Act

>(2) An offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose)

>(3) A crime of violence (as defined in section 16 of title 18, United States Code)

>(4) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary

>(5) Any conduct punishable under sections 1028, 1029, 1581 through 1594, 1951, 1952, 1956, 1957, 2312 through 2315 of Title 18

>(6) A conspiracy to commit an offense described in subparagraphs (1) to (5) of this section

(b) Any alien is inadmissible and deportable if the Secretary of Homeland Security has reason to believe that the alien in question is in a criminal gang or has associated with criminal gangs within the past 7 years

TITLE III - SECURING AMERICA'S ALLIES

SUBTITLE A - DEMOCRACY DEFENSE COMMISSION

SEC. 3001. ESTABLISHMENT OF DEMOCRACY DEFENSE COALITION

In General — The Democracy Defense Commission is hereby established as an independent federal agency to oversee the procurement, allocation, and distribution of financial, humanitarian, and military aid and assistance to allies of the United States in the global campaign to repel foreign invasion and to combat terrorism and aggression, including Ukraine and the State of Israel.

SEC. 3002 OVERSIGHT AND DISTRIBUTION

(a) The Democracy Defense Commission shall oversee the allocation and distribution of financial, humanitarian, and military aid, assistance, and material, ensuring transparency, efficiency, and compliance with the objectives of supporting freedom and liberal democracy.

(b) The Democracy Defense Commission will be led by a commission consisting of fifteen members, appointed by the president with the advice and consent of the United States Senate, of whom seven members shall be registered as Republican voters, seven members shall be registered as Democratic votes, and one member, who shall serve as chair, shall be registered as not affiliated with either major party. Appointments shall be made within thirty days following the enactment of this Act.

(c) The Democracy Defense Commission will be required to maintain a consistent accounting of all aid in accordance with industry best practices.

(d) Reporting Requirements: The Democracy Defense Commission shall submit regular reports to the Senate, detailing the procurement, allocation, distribution, and impact of all aid provided, including assessments of needs and recommendations for further assistance.

SEC. 3003 FUNDING AND DISTRIBUTION STIPULATIONS

(a) All recipients of aid, assistance, or other resources from the Democracy Defense Commission will be required to provide quarterly accounting reports to the Commission for all aid and relief eligibility:

(b) Budget - There shall be appropriated to the Democracy Defense fund a sum of $30,000,000,000 for Fiscal Year 2025, $35,000,000,000 for Fiscal Year 2026.

(c) By a majority vote, the Democracy Defense Commission may request up to $10,000,000,000 of additional emergency supplemental funding per quarter. All such requests will require approval by a majority vote of each chamber of the United States Congress.

SEC. 3004. PROHIBITION AGAINST UNITED STATES RECOGNITION OF THE RUSSIAN FEDERATION’S CLAIM OF SOVEREIGNTY OVER ANY PORTION OF UKRAINE.

(a) Statement Of Policy.—It is the policy of the United States not to recognize the Russian Federation’s claim of sovereignty over any portion of the internationally recognized territory of Ukraine, including its airspace and its territorial waters.

(b) Prohibition.—In accordance with subsection (a), no Federal department or agency may take any action or extend any assistance that implies recognition of the Russian Federation’s claim of sovereignty over any portion of the internationally recognized territory of Ukraine, including its airspace and its territorial waters.

Title IV Community Improvement Jobs for Asylum Seekers

Asylum seekers shall have access to temporary employment opportunities focused on community improvement work with monitoring from the Department of Homeland Security. Employment locations shall be determined in conjunction with the Department of Homeland Security and local governmental bodies.
These jobs shall serve to integrate asylum seekers into local communities while contributing positively to infrastructure and public services.

Section 4: Psychological and Educational Support for Children

Comprehensive psychological and educational support services shall be provided for children under the age of 18 accompanying asylum seekers, ensuring their well-being and educational development.
These services shall include access to qualified counselors, educational resources, and English language acquisition.

Title V - Good Samaritan Amendment

Section 1: Prohibition of Destruction of Essential Resources

Border patrol agents, officers, or any affiliated law enforcement personnel are prohibited from knowingly and willfully destroying, disposing of, or damaging water bottles, food, medical supplies, or any humanitarian aid intended for individuals crossing or seeking asylum at the border.
Any deliberate interference, obstruction, or tampering with essential resources, including confiscation or disruption of distribution, is strictly prohibited.

Section 2: Penalties

Violation of Section 1 shall constitute a federal offense.
Individuals found guilty of violating this act shall face fines up to $10,000 per offense and/or imprisonment for a term not exceeding one year.

Section 3: Exceptions

Nothing in this act shall prevent the disposal of items that pose a clear and imminent danger to public safety or health.

Section 4: Reporting and Oversight

The Department of Homeland Security shall establish procedures for the reporting of incidents related to the destruction or interference with essential resources.
The Inspector General's office within the Department of Homeland Security shall oversee and investigate reported incidents of violation of this act.

Section 5: Education and Training

Border patrol agents and affiliated personnel shall undergo specific training on the importance of humanitarian aid and the provisions of this act.
Educational materials emphasizing the protection of essential resources for migrants shall be made available to law enforcement personnel involved in border security.

PLAIN ENGLISH SUMMARY

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TITLE I: SECURING AMERICA'S BORDERS

SEC. 1001. - requires the hiring of additional immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys.

SEC. 1002. - requires the Department of Justice, to the greatest extent practicable, to prioritize removal cases involving aliens apprehended while entering the United States during an irregular migration influx.

SEC. 1003. - requires establishment of at least four regional processing centers along the southern border in high-traffic Border Patrol sectors. These centers shall conduct processing activities such as criminal history checks, medical screenings, asylum interviews and credible fear determinations, and short-term detention of individuals. This section imposes various requirements, such as requiring the centers to (1) allow nongovernmental entities access to detained individuals to provide humanitarian or legal assistance, and (2) provide detained aliens access to legal counsel for certain asylum proceedings.
SEC. 1004. - increases funding for border security infrastructure, including funding for vehicles and technology.
SEC. 1005. - increases the annual budget of Customs and Border Protection and mandates additional training.
SEC. 1006. - increases the annual budget of the Coast Guard.

SEC. 1007. - increases the annual budget of United States intelligence agencies, through the office of the Director of National Intelligence.

SEC. 1008. directs DHS to install surveillance technology and take other actions with respect to the U.S.-Mexico border. DHS shall deploy the most practical and effective technology available to achieve situational awareness and operational control of the border. Such technology may include radar surveillance systems, tunnel detection technology, and unmanned aerial vehicles. DHS is authorized to waive legal requirements as necessary in order to implement the necessary surveillance technology along the border. DHS shall also construct a navigable road along at least 700 miles of the southwest border.

SEC. 1009. - authorizes for FY2018 and FY2019 U.S. Customs and Border Protection (CBP) activities to identify and remediate illicit cross-border tunnels. CBP shall also develop and report to Congress a strategic plan to improve such operations.

SEC. 1010. - grants the Attorney General the authority to delay firearm and explosive purchases to non-citizen terror and drug suspects for up to a week.

SEC. 1011. - amends the Passport Act of 1926 to prohibit the Secretary of State from issuing passports to any individual found to have aided, abetted, or provided material support to terrorist of drug organizations. This section also provides the authority of revocation and declining for all such related offenses..

SEC. 1012. - implements E-Verify nationwide.

SEC. 1013. - authorizes use of National Guard, active-duty, and reservists for assistance CBP in securing the border with stipulations for preventing abuse. Authorizes local and state law enforcement to implement federal immigration laws.

TITLE II - SECURING AMERICAN COMMUNITIES

SUBTITLE A - DEFENDING LAW ENFORCEMENT

SEC. 2001. - "Amends the federal criminal code to include as an aggravating factor in a death penalty determination the killing, or attempted killing, of a law enforcement officer."

SEC. 2002. - "Amends the Immigration and Nationality Act to explicitly state that assaulting a law enforcement officer is a deportable offense."

SEC. 2003. - "Permits COPS grants to be use d for the purpose of increasing the compensation an d hiring of law enforcement officers"

SEC. 2004. - "Permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act."

SEC. 2005. - Allows for a new visa that will allow people who want to immigrate to the United States or about to face deportation they can work in rare earth mining, trade jobs, etc with domestic worker shortages.

SEC. 2006. - establishes new guidelines to streamline processing of deportation for individuals found to be terrorists or terror suspects

SEC. 2007. - establishes new guidelines to streamline processing of deportation for individuals found to be members of drug cartels or guilty of being in a gang or gang related activity.

TITLE III - SECURING AMERICA'S ALLIES

SUBTITLE A - establishes a new independent federal agency to oversee procurement, distribution, and accounting for all military resources, humanitarian aid, funding, etc for Ukraine and Israel. Establishes reporting process to Congress via recipients and the commission. Appropriates $30B in 2025 and $30B in 2026 to the Commission. Establishes a path to an additional $10B per quarter per emergency request by the Commission.

December 13, 2023

Oz

December 13, 2023

Mr. President, I thank the Senator from Hawaii for her contributions to this bill and endorse them wholeheartedly.

I yield.

December 13, 2023

Nay

December 13, 2023

Aye

December 13, 2023

Aye

December 13, 2023

Aye

December 12, 2023

Section 1. Short Title

1. This act may be cited as the "Securing America's Borders, Communities, and Allies Act"

Section 2. Table of Contents