S. 2192 (115^th): SECURE Act of 2017

the primary missions for Air and Marine Operations are to directly support U.S. Border Patrol activities along the southern border of the United States and Joint Interagency Task Force South operations in the transit zone; and

the Executive Assistant Commissioner of Air and Marine Operations assigns the greatest priority to support missions established by the Commissioner to carry out the requirements under this Act.

identify critical flight hour requirements; and

direct Air and Marine Operations to support requests from Sector Chiefs as their primary mission.

In general

The Chief of the U.S. Border Patrol shall be the operational lead for U.S. Customs and Border Protection’s use of small, unmanned aerial vehicles for the purpose of meeting the U.S. Border Patrol’s unmet flight hour operational requirements and to achieve situational awareness and operational control.

Coordination

In carrying out paragraph (1), the Chief of the U.S. Border Patrol shall coordinate with the Executive Assistant Commissioner for Air and Marine Operations of U.S. Customs and Border Protection to ensure the safety of other aircraft flying in the vicinity of small, unmanned aerial vehicles operated by U.S. Border Patrol.

Defined term

In this subsection, the term small, unmanned aerial vehicle means any unmanned aerial vehicle operated by U.S. Customs and Border Protection weighing less than 55 pounds.

Conforming amendment

Section 411(e)(3) of the Homeland Security Act of 2002 (6 U.S.C. 211(e)(3)) is amended—

San Diego sector

For the San Diego sector, the following:

El Centro sector

For the El Centro sector, the following:

Yuma sector

For the Yuma sector, the following:

Tucson sector

For the Tucson sector, the following:

El Paso sector

For the El Paso sector, the following:

Big Bend sector

For the Big Bend sector, the following:

Del Rio sector

For the Del Rio sector, the following:

Laredo sector

For the Laredo sector, the following:

Rio Grande Valley sector

For the Rio Grande Valley sector, the following:

Blaine sector

For the Blaine sector, the following:

Spokane sector

For the Spokane sector, the following:

Havre sector

For the Havre sector, the following:

Grand Forks sector

For the Grand Forks sector, the following:

Detroit sector

For the Detroit sector, the following:

Buffalo sector

For the Buffalo sector, the following:

Swanton sector

For the Swanton sector, the following:

Houlton sector

For the Houlton sector, the following:

Transit zone

For the transit zone, the following:

Southern and northern land borders

Transit zone

In general

Notwithstanding subsection (b), the Secretary may deploy the capabilities referred to in subsection (a) in a manner that is inconsistent with the requirements specified in such subsection if, after the Secretary has deployed at least 25 percent of such capabilities, the Secretary determines that exigent circumstances demand such an inconsistent deployment or that such an inconsistent deployment is vital to the national security interests of the United States.

Notification

Not later than 30 days after making a determination under paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of such determination and provide a detailed justification for such determination.

the number and types of assets and personnel to be deployed in each sector and district;

the cause for any change in deployments of assets and personnel in each sector and district; and

the anticipated impact that such deployments or change in deployments are to have in terms of the capacity of the Department of Homeland Security to conduct its mission in each sector or district.

In general

National Guard units and personnel deployed under subsection (a) may be assigned such operations and missions specified in subsection (c) as may be necessary to secure the southern border.

Nature of duty

The duty of National Guard personnel performing operations and missions described in paragraph (1) shall be full-time duty under title 32, United States Code.

construct reinforced fencing or other physical barriers;

operate ground-based surveillance systems;

operate unmanned and manned aircraft;

provide radio communications interoperability between U.S. Customs and Border Protection and State, local, and tribal law enforcement agencies;

construct checkpoints along the Southern border to bridge the gap to long-term permanent checkpoints; and

provide intelligence support.

the calculation to determine compliance with limits on end strength for National Guard personnel; or

limits on the number of National Guard personnel that may be placed on active duty for operational support under section 115 of title 10, United States Code.

In general

The Secretary of Defense shall reimburse States for the cost of the deployment of any units or personnel of the National Guard to perform operations and missions in full-time State Active Duty in support of a southern border mission. The Secretary of Defense may not seek reimbursement from the Secretary for any reimbursements paid to States for the costs of such deployments.

Limitation

The total amount of reimbursements under this section may not exceed $35,000,000 in any fiscal year.

deployment of manned aircraft, unmanned aerial surveillance systems, and ground-based surveillance systems to support continuous surveillance of the southern border; and

intelligence analysis support.

In general

Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Secretary of Defense shall submit a report to the appropriate congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) regarding any assistance provided under subsection (a) during the period specified in paragraph (3).

Elements

Each report under paragraph (1) shall include, for the period specified in paragraph (3), a description of—

Period specified

The period specified in this paragraph is—

be focused on providing enhanced border security at Mexico’s northern and southern borders, judicial reform, and support for Mexico’s anti-drug efforts; and

return to its original focus and prioritize security, training, and acquisition of equipment for Mexican security forces involved in anti-drug efforts as well as be used to train prosecutors in ongoing justice reform efforts.

to combat drug production and trafficking and related violence, transnational organized criminal organizations, and corruption;

to build a secure, modern border security system capable of preventing illegal migration;

to support border security and cooperation with United States military, intelligence, and law enforcement agencies on border incursions;

to support judicial reform, institution building, and rule of law activities to build judicial capacity, address corruption and impunity, and support human rights; and

to provide for training and equipment for Mexican security forces involved in efforts to eradicate and interdict drugs.

In general

Notwithstanding any other provision of law, 50 percent of any assistance appropriated in any appropriations Act to implement this section shall be withheld until after the Secretary of State submits a written report to the congressional committees specified in paragraph (3) certifying that the Government of Mexico is—

Matters to include

The report required under paragraph (1) shall include a description of—

Congressional committees specified

The congressional committees specified in this paragraph are—

the notification procedures set forth in section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1); and

the notification requirements of—

combating drug trafficking and related violence and organized crime; and

anti-corruption and rule of law activities, which shall include concrete goals, actions to be taken, budget proposals, and a description of anticipated results.

In general

The Secretary concerned shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on covered Federal land to execute search and rescue operations or to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the southern border or the northern border.

Applicability

The authority of U.S. Customs and Border Protection to conduct activities described in paragraph (1) on covered Federal land applies without regard to whether a state of emergency exists.

In general

U.S. Customs and Border Protection shall have immediate access to covered Federal land to conduct the activities described in paragraph (2) on such land to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the southern border or the northern border.

Activities described

The activities described in this paragraph are—

In general

The activities of U.S. Customs and Border Protection described in subsection (b)(2) may be carried out without regard to the provisions of law specified in paragraph (2).

Provisions of law specified

The provisions of law specified in this section are all Federal, State, or other laws, regulations, and legal requirements of, deriving from, or related to the subject of, the following laws:

Applicability of waiver to successor laws

If a provision of law specified in paragraph (2) was repealed and incorporated into title 54, United States Code, after April 1, 2008, and before the date of the enactment of this Act, the waiver described in paragraph (1) shall apply to the provision of such title that corresponds to the provision of law specified in paragraph (2) to the same extent the waiver applied to that provision of law.

Savings clause

The waiver authority under this subsection may not be construed as affecting, negating, or diminishing in any manner the applicability of section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), in any relevant matter.

authority to restrict legal uses, such as grazing, hunting, mining, or recreation or the use of backcountry airstrips, on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or

any additional authority to restrict legal access to such land.

shall have no force or effect on State lands or private lands; and

shall not provide authority on or access to State lands or private lands.

Covered federal land

The term covered Federal land includes all land under the control of the Secretary concerned that is located within 100 miles of the southern border or the northern border.

Secretary concerned

The term Secretary concerned means—

may advise, consult with, report to, and make recommendations to the Secretary on matters relating to border security matters, including—

may provide, through the Secretary, recommendations to Congress.

has at least 5 years practical experience in border security operations; or

lives and works in the United States within 80 miles from the southern border or the northern border.

Animal

The term animal means any member of the animal kingdom (except a human).

Article

The term article means any pest or disease or any material or tangible object that could harbor a pest or disease.

Disease

The term disease has the meaning given such term by the Secretary of Agriculture.

Livestock

The term livestock means all farm-raised animals.

Means of conveyance

The term means of conveyance means any personal property used for, or intended for use for, the movement of any other personal property.

Pest

The term pest means any of the following that can directly or indirectly injure, cause damage to, or cause disease in human livestock, a plant, or a plant part:

Plant

The term plant means any plant (including any plant part) capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.

State

The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any territory or possession of the United States.

In general

The Secretary of Agriculture may carry out operations and measures to prevent, detect, control, or eradicate the spread of any pest or disease of livestock or plant that threatens any segment of agriculture.

Compensation

In general

In carrying out this section, the Secretary of Agriculture may cooperate with other Federal agencies, States, State agencies, political subdivisions of States, national and local governments of foreign countries, domestic and international organizations and associations, domestic nonprofit corporations, Indian tribes, and other persons.

Responsibility

The person or other entity cooperating with the Secretary of Agriculture shall be responsible for the authority necessary to carry out operations or measures—

Enhanced penalties

Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following:

Clerical amendment

The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 294 the following:

in paragraph (1)—

by striking paragraphs (2) through (4);

by redesignating paragraph (5) as paragraph (2); and

by adding at the end the following:

Requirement

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a southern border threat analysis.

Contents

The analysis submitted under paragraph (1) shall include an assessment of—

Analysis requirements

In compiling the southern border threat analysis under this subsection, the Secretary shall consider and examine—

Classified form

To the extent possible, the Secretary shall submit the southern border threat analysis required under this subsection in unclassified form, but may submit a portion of the threat analysis in classified form if the Secretary determines such action is appropriate.

In general

Not later than the later of 180 days after the submission of the threat analysis required under subsection (a) or June 30, 2018, and every 5 years thereafter, the Secretary, acting through the Chief of the U.S. Border Patrol, and in consultation with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, shall issue a Border Patrol Strategic Plan.

Contents

The Border Patrol Strategic Plan required under this subsection shall include a consideration of—

in paragraph (18), by striking and at the end;

by redesignating paragraph (19) as paragraph (21); and

by inserting after paragraph (18) the following:

sufficient U.S. Customs and Border Protection officers to maintain an active duty presence of not fewer than 27,725 full-time equivalent officers; and

350 full-time support staff distributed among all United States ports of entry.

K–9 units

Not later than September 30, 2021, the Commissioner shall deploy not fewer than 300 new K–9 units, with supporting officers of U.S. Customs and Border Protection and other required staff, at land ports of entry and checkpoints, on the southern border and the northern border.

Use of canines

The Commissioner shall prioritize the use of canines at the primary inspection lanes at land ports of entry and checkpoints.

Increase

Not later than September 30, 2021, the Commissioner shall increase the number of horseback units, with supporting officers of U.S. Customs and Border Protection and other required staff, by not fewer than 100 officers and 50 horses for security patrol along the Southern border.

Horse unit support

The Commissioner of U.S. Customs and Border Protection shall construct new stables, maintain and improve existing stables, and provide other resources needed to maintain the health and well-being of the horses that serve in the horseback units.

Covered area

The term covered area means a geographic area that the Secretary determines is in a remote location or is an area for which it is difficult to find full-time permanent covered CBP employees, as compared to other ports of entry or Border Patrol sectors.

Covered CBP employee

The term covered CBP employee means an employee of U.S. Customs and Border Protection performing activities that are critical to border security or customs enforcement, as determined by the Commissioner.

Rate of basic pay

The term rate of basic pay—

Special rate of pay

The term special rate of pay means a higher than normal rate of pay that exceeds the otherwise applicable rate of basic pay for a similar covered CBP employee at a land port of entry.

In general

To the extent necessary for U.S. Customs and Border Protection to hire, train, and deploy qualified officers and employees, and to the extent necessary to meet the requirements set forth in section 1141, the Commissioner, with the approval of the Secretary, may pay a hiring bonus of $10,000 to a covered CBP employee, after the covered CBP completes initial basic training and executes a written agreement required under paragraph (2).

Written agreement

The payment of a hiring bonus to a covered CBP employee under paragraph (1) is contingent upon the covered CBP employee entering into a written agreement with U.S. Customs and Border Protection to complete more than 2 years of employment with U.S. Customs and Border Protection beginning on the date on which the agreement is signed. Such agreement shall include—

Form of payment

A signing bonus paid to a covered CBP employee under paragraph (1) shall be paid in a single payment after the covered CBP employee completes initial basic training and enters on duty and executed the agreement under paragraph (2).

Exclusion of signing bonus from rate of pay

A signing bonus paid to a covered CBP employee under paragraph (1) shall not be considered part of the rate of basic pay of the covered CBP employee for any purpose.

Effective date and sunset

This subsection shall take effect on the date of the enactment of this Act and shall remain in effect until the earlier of—

In general

To the extent necessary for U.S. Customs and Border Protection to retain qualified employees, and to the extent necessary to meet the requirements set forth in section 1141, the Commissioner, with the approval of the Secretary, may pay a retention incentive to a covered CBP employee who has been employed with U.S. Customs and Border Protection for a period exceeding 2 consecutive years, and the Commissioner determines that, in the absence of the retention incentive, the covered CBP employee would likely—

Written agreement

The payment of a retention incentive to a covered CBP employee under paragraph (1) is contingent upon the covered CBP employee entering into a written agreement with U.S. Customs and Border Protection to complete more than 2 years of employment with U.S. Customs and Border Protection beginning on the date on which the CBP employee enters on duty and the agreement is signed. Such agreement shall include—

Criteria

When determining the amount of a retention incentive payable to a covered CBP employee under paragraph (1), the Commissioner shall consider—

Amount of retention incentive

A retention incentive paid to a covered CBP employee under paragraph (1)—

Form of payment

A retention incentive paid to a covered CBP employee under paragraph (1) shall be paid as a single payment at the end of the fiscal year in which the covered CBP employee entered into an agreement under paragraph (2), or in equal installments during the life of the service agreement, as determined by the Commissioner.

Exclusion of retention incentive from rate of pay

A retention incentive paid to a covered CBP employee under paragraph (1) shall not be considered part of the rate of basic pay of the covered CBP employee for any purpose.

In general

The Commissioner may establish a pilot program to assess the feasibility and advisability of using special rates of pay for covered CBP employees in covered areas, as designated on the date of the enactment of this Act, to help meet the requirements under section 1141.

Maximum amount

The rate of basic pay of a covered CBP employee paid a special rate of pay under the pilot program may not exceed 125 percent of the otherwise applicable rate of basic pay of the covered CBP employee.

Termination

Report to congress

Shortly after the termination of the pilot program under paragraph (3), the Commissioner shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that details—

In general

Section 101(b) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b)) is amended to read as follows:

Hardship duty pay

In addition to compensation to which Border Patrol agents are otherwise entitled, Border Patrol agents who are assigned to rural areas shall be entitled to receive hardship duty pay, in lieu of a retention incentive under subsection (b), in an amount determined by the Commissioner, which may not exceed the rate of special pay to which members of a uniformed service are entitled under section 310 of title 37, United States Code.

Overtime limitation

Section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) is amended by striking $25,000 and inserting $45,000.

Supplemental commissioner authority

Section 4 of the Anti-Border Corruption Act of 2010 (Public Law 111–376) is amended to read as follows:

Report

The Anti-Border Corruption Act of 2010, as amended by paragraph (1), is further amended by adding at the end the following:

Definitions

The Anti-Border Corruption Act of 2010, as amended by paragraphs (1) and (2), is further amended by adding at the end the following:

United states attorneys

By not later than September 30, 2021, in addition to positions authorized before the date of the enactment of this Act and any existing attorney vacancies within the Department of Justice on such date of enactment, the Attorney General shall—

Immigration judges

Board of immigration appeals

Office of immigration litigation

By not later than September 30, 2021, in addition to positions authorized before the date of the enactment of this Act and any existing vacancies within the Department of Justice on such date of enactment, and subject to the availability of appropriations, the Attorney General shall increase by not fewer than 100 the number of attorneys for the Office of Immigration Litigation.

Fraud detection and national security officers

By not later than September 30, 2021, in addition to positions authorized before the date of the enactment of this Act and any existing officer vacancies within the Department of Homeland Security on such date of enactment, and subject to the availability of appropriations, the Director of U.S. Citizenship and Immigration Services shall increase by not fewer than 100 the number of trained full-time active duty Fraud Detection and National Security (FDNS) officers.

ICE homeland security investigations forensic document laboratory personnel

By not later than September 30, 2021, in addition to positions authorized before the date of the enactment of this Act and any existing officer vacancies within the Department of Homeland Security on such date of enactment, the Director of U.S. Immigration and Customs Enforcement shall increase—

Immigration attorneys

Authorization of appropriations

There are authorized to be appropriated, for each of the fiscal years 2018 through 2021, such sums as may be necessary to carry out this subsection.

Visa specialists

By not later than September 30, 2021, in addition to positions authorized before the date of the enactment of this Act and any existing attorney vacancies within the Department on such date of enactment, the Assistant Secretary of State for Consular Affairs shall increase the number of trained, full-time analysts within the Bureau of Consular Affairs by not fewer than 50. Such analysts primarily should handle and advise on cases and matters involving the potential for visa denial on the basis of national security and public safety concerns.

Immigration attorneys

By not later than September 30, 2021, in addition to positions authorized before the date of the enactment of this Act and any existing attorney vacancies within the Department on such date of enactment, the Assistant Secretary of State for Consular Affairs shall increase the number of trained, full-time, active attorneys adviser within the Bureau of Consular Affairs by not fewer than 25. Such attorneys primarily should handle and advise on cases and matters involving the potential for visa denial on the basis of national security and public safety concerns.

Authorization of appropriations

There are authorized to be appropriated, for each of the fiscal years 2018 through 2021, $15,000,000 to carry out this section.

In general

Amounts appropriated pursuant to paragraph (3) shall be used—

Additional magistrate judges to assist with increased caseload

The chief judge of each judicial district located within a sector of the southern border is authorized to appoint additional full-time magistrate judges, who, consistent with the Constitution and laws of the United States, shall have the authority to hear cases and controversies in the judicial district in which the magistrate judges are appointed.

Authorization of appropriations

There are authorized to be appropriated, for each of the fiscal years 2018 through 2021, such sums as may be necessary to carry out this subsection.

In general

The President shall appoint, by and with the advice and consent of the Senate—

Conversions of temporary district court judgeships

The judgeships for the District of Arizona and the Central District of California authorized under section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (28 U.S.C. 133 note), in existence on the day before the date of the enactment of this Act, shall be authorized under section 133 of title 28, United States Code, and the individuals holding such judgeships on such day shall hold office under section 133 of title 28, United States Code, as amended by paragraph (3).

Technical and conforming amendments

The table contained in section 133(a) of title 28, United States Code, is amended—

In general

Section 1914(a) of title 28, United States Code, is amended—

Expenditure limitation

Incremental amounts collected pursuant to the amendments made by paragraph (1) shall be deposited as offsetting receipts in the special fund of the Treasury established under section 1931 of title 28, United States Code. Such amounts shall be available solely for the purpose of facilitating the processing of civil cases, but only to the extent specifically appropriated by an Act of Congress enacted after the date of the enactment of this Act.

In general

The Secretary, in consultation with State and local law enforcement agencies, may award border security assistance grants to law enforcement agencies located in the Southwest border region for the purposes described in subsection (b).

Priority

In awarding grants under this section, the Secretary shall give priority to law enforcement agencies located in a county that is located within 25 miles of the Southern border.

by obtaining law enforcement equipment and tools, including secure 2-way communication devices, portable laptops and office computers, license plate readers, unmanned aerial vehicles, unmanned aircraft systems, manned aircraft, cameras with night viewing capabilities, and any other appropriate law enforcement equipment;

by hiring additional personnel, including administrative support personnel, dispatchers, and jailers, and to provide overtime pay for such personnel;

by purchasing law enforcement vehicles;

by providing high performance aircraft and helicopters for border surveillance and other critical mission applications and paying for the operational and maintenance costs associated with such craft;

by providing critical power generation systems, infrastructure, and technological upgrades to support State and local data management systems and fusion centers; or

by providing specialized training and paying for the direct operating expenses associated with detecting and prosecuting drug trafficking, human smuggling, and other illegal activity or violence that occurs at or near the Southern border.

Requirement

A law enforcement agency seeking a grant under subsection (a), or a nonprofit organization or coalition acting as an agent for 1 or more such law enforcement entities, shall submit an application to the Secretary that includes the information described in paragraph (2) at such time and in such manner as the Secretary may require.

Content

Each application submitted under paragraph (1) shall include—

Review

Not later than 90 days after receiving an application submitted under subsection (c), the Secretary shall review and approve or reject the application.

Award of funds

Subject to the availability of appropriations, not later than 45 days after the date an application is approved under paragraph (1), the Secretary shall transmit the grant funds to the applicant.

Priority

In distributing grant funds under this subsection, priority shall be given to high-intensity areas for drug trafficking, smuggling, and border violence.

Awarding entity

The term awarding entity means the Secretary, the Administrator of the Federal Emergency Management Agency, the Director of the National Science Foundation, or the Chief of the Office of Citizenship and New Americans.

Nonprofit organization

The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

Unresolved audit finding

The term unresolved audit finding means a finding in a final audit report conducted by the Inspector General of the Department of Homeland Security, or the Inspector General for the National Science Foundation for grants awarded by the Director of the National Science Foundation, that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within one year after the date when the final audit report is issued.

Audit requirement

Nonprofit organization requirements

Conference expenditures

Annual certification

Beginning in the first fiscal year beginning after the date of the enactment of this Act, each awarding entity shall submit a report to Congress that—

$10,000,000 shall be used by the Department of Homeland Security to implement Vehicle and Dismount Exploitation Radars (VADER) in border security operations;

$3,000,000 shall be used by the Department of Homeland Security to implement 3-dimensional, seismic, acoustic detection and ranging border tunneling detection technology on the southern border;

$200,000,000 shall be used by the Department of State to implement section 1120; and

$200,000,000 shall be used by the United States Coast Guard to implement section 1114(a)(18).

Collection

The Secretary of Homeland Security may require any individual filing an application, petition, or other request for an immigration benefit or immigration status with the Department of Homeland Security or seeking an immigration benefit or other authorization, employment authorization, identity, or travel document, or requesting relief or protection under any provision of the immigration laws to submit biometric information (including fingerprints, photograph, signature, voice print, iris scan, or DNA) to the Secretary.

Use

The Secretary may use any biometric information submitted under paragraph (1) to conduct background and security checks, verify an individual’s identity, adjudicate, revoke, or terminate an immigration benefit or immigration status, and perform other functions related to administering and enforcing the immigration laws.

Sharing with Department of Defense and Federal Bureau of Investigation

The Secretary of Homeland Security, the Secretary of Defense, and the Director of the Federal Bureau of Investigation—

Use of biometric data by the Department of State

The Secretary of State shall use biometric information from applicable systems of the Department of Homeland Security, of the Department of Defense, and of the Federal Bureau of Investigation to track individuals who are—

Report on biometric information sharing with Mexico and other countries for identity verification

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit a joint report on the status of efforts to engage with the Government of Mexico and the governments of other appropriate foreign countries located in Central America or South America—

Rule of construction

The collection of biometric information under paragraph (1) shall not limit the authority of the Secretary of Homeland Security to collect biometric information from any individual arriving to or departing from the United States.

process and serve charging documents, including notices to appear, while in the field;

process and place detainers while in the field;

collect biometric data for the purpose of identifying an alien and establishing both immigration status and criminal history while in the field;

enter any required data, including personal information about the alien subject and the reason for issuing the document;

apply the electronic signature of the issuing U.S. Immigration and Customs Enforcement officer or agent;

apply or capture the electronic signature of the alien on any charging document or notice, including any electronic signature captured to acknowledge service of such documents or notices;

set the date on which the alien is required to appear before an immigration judge, in the case of notices to appear;

print any documents the alien subject may be required to sign, along with additional copies of documents to be served on the alien; and

interface with the ENFORCE database so that all data is collected, stored, and retrievable in real-time.

the results of the pilot program; and

recommendations for using the technology described in subsection (a) on a nationwide basis.

describes the number and categories of aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act, as amended by section 1307; and

contains information and data concerning—

conduct a review regarding the effectiveness of parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts; and

submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives based on the results of such review, that includes—

Authority to cooperate with federal officials

A State or a political subdivision of a State that has executed an agreement with the Department of Homeland Security under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)), or an officer, employee, or agent of such State or political subdivision that complies with a detainer issued by the Department under section 236, 241, or 287 of the Immigration and Nationality Act (8 U.S.C. 1226, 1231, and 1357)—

Legal proceedings

In any legal proceeding brought against a State or a political subdivision of State that has executed an agreement with the Department of Homeland Security under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)), or an officer, employee, or agent of such State or political subdivision acting pursuant to such agreement, which challenges the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department under section 236, 241, or 287 of the Immigration and Nationality Act (8 U.S.C. 1226, 1231, and 1357)—

In general

Except as provided under subsection (2), for purposes of this section, the term sanctuary jurisdiction means any State or political subdivision of a State that has executed an agreement with the Department of Homeland Security under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) and has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from—

Exception

A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense.

Economic development administration grants

Community development block grants

In general

Chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after section 235A the following:

Clerical amendment

The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 235A the following:

in subsection (a)—

in subsection (e)—

in paragraph (2) by adding at the end the following:

by redesignating subparagraph (C) as (D); and

by amending subparagraph (B) to read as follows:

In general

Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended—

Effective date

The amendments made by subparagraph (1)shall take effect on the date of enactment of this Act and shall apply regardless of the date on which the actions giving rise to removability or detention took place.

to conducting humane and expedited inspection and screening for unaccompanied alien children under section 235B of the Immigration and Nationality Act, as added by section 1322; or

to reducing existing backlogs in immigration court proceedings initiated under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229).

a detailed summary of the contracts in effect to care for and house unaccompanied alien children, including the names and locations of contractors and the facilities being used;

the cost per day to care for and house an unaccompanied alien child, including an explanation of such cost;

the number of unaccompanied alien children who have been released to a sponsor, if any;

a list of the States to which unaccompanied alien children have been released from the custody of the Secretary of Health and Human Services to the care of a sponsor or placement in a facility;

the number of unaccompanied alien children who have been released to a sponsor who is not lawfully present in the United States, including the country of nationality or last habitual residence and age of such children;

a determination of whether more than 1 unaccompanied alien child has been released to the same sponsor, including the number of children who were released to such sponsor;

an assessment of the extent to which the Secretary of Health and Human Services is monitoring the release of unaccompanied alien children, including home studies done and electronic monitoring devices used;

an assessment of the extent to which the Secretary of Health and Human Services is making efforts—

the extent of the public health issues of unaccompanied alien children, including contagious diseases, the benefits or medical services provided, and the outreach to States and localities about public health issues, that could affect the public.

includes a copy of any repatriation agreement for unaccompanied alien children in effect;

describes any such repatriation agreement that is being considered or negotiated; and

describes the funding provided to the 20 countries that have the highest number of nationals entering the United States as unaccompanied alien children, including amounts provided—

the number of unaccompanied alien children who have voluntarily returned to their country of nationality or habitual residence, disaggregated by—

the number of unaccompanied alien children who have been returned to their country of nationality or habitual residence, including the length of time such children were present in the United States;

the number of unaccompanied alien children who have not been returned to their country of nationality or habitual residence pending travel documents or other requirements from such country, including how long they have been waiting to return; and

the number of unaccompanied alien children who were granted relief in the United States, whether through asylum, any other immigration benefit or status, or deferred action.

the number of unaccompanied alien children who, after proceedings under section 235(b) of the Immigration and Nationality Act, as added by section 1322, were returned to their country of nationality or habitual residence, disaggregated by—

the number of unaccompanied alien children who, after proceedings under such section 235B, prove a claim of admissibility and are placed in proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a);

the number of unaccompanied alien children who fail to appear at a removal hearing that such alien was required to attend;

the number of sponsors who were levied a penalty, including the amount and whether the penalty was collected, for the failure of an unaccompanied alien child to appear at a removal hearing; and

the number of aliens that are classified as unaccompanied alien children, the ages and countries of nationality of such children, and the orders issued by the immigration judge at the conclusion of proceedings under such section 235B for such children.

in subclause (IV), by inserting or has been before a representative;

in subclause (V), by inserting or has been before a member;

in subclause (VI), by inserting or has been before a member;

by amending subclause (VII) to read as follows:

by amending subclause (IX) to read as follows:

by striking the undesignated matter following subclause (IX).

in the section heading, by adding at the end the following: or who are subject to terrorism-related grounds for removal;

in subsection (b)—

by redesignating the first subsection (c) as subsection (d);

by redesignating the second subsection (c), as so designated by section 617(b)(13) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 110 Stat. 3009–720)), as subsection (e); and

by inserting after subsection (b) the following:

Removal period

Detention

Section 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(2)) is amended—

Suspension after 90-day period

Section 241(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(3)) is amended—

Aliens imprisoned, arrested, or on parole, supervised release, or probation

Section 241(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(4)) is amended—

Reinstatement of removal orders against aliens illegally reentering

Inadmissible or criminal aliens

Section 241(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(6)) is amended—

Parole; additional rules; judicial review

Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended—

In general

Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following:

Conforming amendments

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended—

in paragraph (1)(C)(iv), by striking the period at the end and inserting , or the Attorney General decides that removing the alien to the country is prejudicial to the interests of the United States.;

in paragraph (2)(E)(vii), by inserting or the Attorney General decides that removing the alien to 1 or more of such countries is prejudicial to the interests of the United States, after this subparagraph,.

Amendments made by subsection (b)

The amendments made by subsection (b) shall take effect on the date of the enactment of this Act. Section 241 of the Immigration and Nationality Act, as amended by subsection (b), shall apply to—

Amendments made by subsection (c)

The amendments made by subsection (c) shall take effect upon the date of the enactment of this Act. Sections 235 and 236 of the Immigration and Nationality Act, as amended by subsection (c), shall apply to any alien in detention under provisions of such sections on or after the date of the enactment of this Act.