Sec. 8. Alternate model for border security strategy development
1,746 words·~8 min read·
/bill/113/hr/15/ih/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Commission means the Southern Border Security Commission established pursuant to section 5. The term Comprehensive Southern Border Security Strategy means the strategy established by the Secretary pursuant to subsection (b)(1) to achieve and maintain an effectiveness rate of 90 percent or higher in all border sectors. The term effective control means the ability to achieve and maintain, in a Border Patrol sector— persistent surveillance; and an effectiveness rate of 90 percent or higher.
The term effectiveness rate , in the case of a border sector, is the percentage calculated by dividing the number of apprehensions and turn backs in the sector during a fiscal year by the total number of illegal entries in the sector during such fiscal year. The term Southern border means the international border between the United States and Mexico. The term Southern Border Fencing Strategy means the strategy established by the Secretary pursuant to subsection (b)(2) that identifies where fencing (including double-layer fencing), infrastructure, and technology, including at ports of entry, should be deployed along the Southern border.
The Department’s border security goal is to achieve and maintain effective control in all border sectors along the Southern border. Not earlier than the date upon which the Secretary has submitted to Congress the Notice of Commencement of implementation of the Comprehensive Southern Border Security Strategy and the Southern Border Fencing Strategy under section 5 of this Act, the Secretary may commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act.
Except as provided in clause (ii), the Secretary may not adjust the status of aliens who have been granted registered provisional immigrant status, except for aliens granted blue card status under section 2201 of this Act or described in section 245D(b) of the Immigration and Nationality Act, until the Secretary, after consultation with the Comptroller General of the United States, submits to the President and Congress a written certification that— the Comprehensive Southern Border Security Strategy has been submitted to Congress and is substantially deployed and substantially operational; the Southern Border Fencing Strategy has been submitted to Congress, implemented, and is substantially completed; the Secretary has implemented the mandatory employment verification system required by section 274A of the Immigration and Nationality Act (8 U.S.C.1324a), as amended by section 3101, for use by all employers to prevent unauthorized workers from obtaining employment in the United States; and the Secretary is using an electronic exit system at air and sea ports of entry that operates by collecting machine readable visa or passport information from air and vessel carriers.
The Secretary shall permit registered provisional immigrants to apply for an adjustment to lawful permanent resident status if— litigation or a force majeure has prevented 1 or more of the conditions described in subclauses
(I)through
(IV)of clause
(i)from being implemented; or the implementation of clause
(i)has been held unconstitutional by the Supreme Court of the United States or the Supreme Court has granted certiorari to the litigation on the constitutionality of implementation of clause (i); and 10 years have elapsed since the date of the enactment of this Act. Notwithstanding any other provision of law, the Secretary is authorized to waive all legal requirements that the Secretary determines to be necessary to ensure expeditious construction of the barriers, roads, or other physical tactical infrastructure needed to fulfill the requirements under this section. Any determination by the Secretary under this section shall be effective upon publication in the Federal Register of a notice that specifies each law that is being waived and the Secretary’s explanation for the determination to waive that law. The waiver shall expire on the later of the date on which the Secretary submits the written certification that the Southern Border Fencing Strategy is substantially completed as specified in paragraph (3)(B)(i)(II) or the date that the Secretary submits the written certification that the Comprehensive Southern Border Security Strategy is substantially deployed and substantially operational as specified in paragraph (3)(B)(i)(I). The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary under paragraph (4). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court does not have jurisdiction to hear any claim not specified in this subparagraph. If a cause or claim under subparagraph
(A)is not filed within 60 days after the date of the contested action or decision by the Secretary, the claim shall be barred. An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a strategy, to be known as the Comprehensive Southern Border Security Strategy , for achieving and maintaining effective control between the ports of entry in all border sectors along the Southern border, to— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Homeland Security of the House of Representatives; the Committee on Appropriations of the Senate; the Committee on Appropriations of the House of Representatives; the Committee on the Judiciary of the Senate; the Committee on the Judiciary of the House of Representatives; and the Comptroller General of the United States. The Comprehensive Southern Border Security Strategy shall specify— the priorities that must be met for the strategy to be successfully executed; the capabilities that must be obtained to meet each of the priorities referred to in clause (i), including— surveillance and detection capabilities developed or used by the Department of Defense to increase situational awareness; and the requirement for stationing sufficient Border Patrol agents and Customs and Border Protection officers between and at ports of entry along the Southern border; and the resources, including personnel, infrastructure, and technology that must be procured and successfully deployed to obtain the capabilities referred to in clause (ii), including— fixed, mobile, and agent portable surveillance systems; and unarmed, unmanned aerial systems and unarmed, fixed-wing aircraft and necessary and qualified staff and equipment to fully utilize such systems. The Comprehensive Southern Border Security Strategy shall describe— how the resources referred to in subparagraph (B)(iii) will be properly aligned with the priorities referred to in subparagraph (B)(i) to ensure that the strategy will be successfully executed; the interim goals that must be accomplished to successfully implement the strategy; and the schedule and supporting milestones under which the Department will accomplish the interim goals referred to in clause (ii). The Secretary shall commence the implementation of the Comprehensive Southern Border Security Strategy immediately after submitting the strategy under subparagraph (A). Upon commencing the implementation of the strategy, the Secretary shall submit a notice of commencement of such implementation to— Congress; and the Comptroller General of the United States. Not later than 180 days after the Comprehensive Southern Border Security Strategy is submitted under subparagraph (A), and every 180 days thereafter, the Secretary shall submit a report on the status of the Department’s implementation of the strategy to— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Homeland Security of the House of Representatives; the Committee on Appropriations of the Senate; the Committee on Appropriations of the House of Representatives; the Committee on the Judiciary of the Senate; the Committee on the Judiciary of the House of Representatives; and the Comptroller General of the United States. Each report submitted under clause
(i)shall include— a detailed description of the steps the Department has taken, or plans to take, to execute the strategy submitted under subparagraph (A), including the progress made toward achieving the interim goals and milestone schedule established pursuant to clauses
(ii)and
(iii)of subparagraph (C); a detailed description of— any impediments identified in the Department’s efforts to execute the strategy; the actions the Department has taken, or plans to take, to address such impediments; and any additional measures developed by the Department to measure the state of security along the Southern border; and for each Border Patrol sector along the Southern border— the effectiveness rate for each individual Border Patrol sector and the aggregated effectiveness rate; the number of recidivist apprehensions, sorted by Border Patrol sector; and the recidivism rate for all unique subjects that received. The Comptroller General of the United States shall conduct an annual review of the information contained in the semiannual reports submitted by the Secretary under this paragraph and submit an assessment of the status and progress of the Southern Border Security Strategy to the committees set forth in clause (i). Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a strategy, to be known as the Southern Border Fencing Strategy , to identify where fencing (including double-layer fencing), infrastructure, and technology, including at ports of entry, should be deployed along the Southern border. The Secretary shall submit the Southern Border Fencing Strategy to Congress and the Comptroller General of the United States for review. Upon commencing the implementation of the Southern Border Fencing Strategy, the Secretary shall submit a notice of commencement of the implementation of the Strategy to Congress and the Comptroller General of the United States. In implementing the Southern Border Fencing Strategy required by this paragraph, the Secretary 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 such fencing is to be constructed. Nothing in this subparagraph may be construed to— create or negate any right of action for a State or local government or other person or entity affected by this subsection; or affect the eminent domain laws of the United States or of any State. Notwithstanding subparagraph (A), nothing in this subsection shall require the Secretary to install fencing, or infrastructure that directly results from the installation of such fencing, in a particular location along the Southern border, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain effective control over the Southern border at such location.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 8
Alternate model for border security strategy development
Cites 1Cited by 0 across 0 sources