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Referenced Laws
Public Law 117–169
8 U.S.C. 1225(b)(2)(C)
Section 1
1. Short title This Act may be cited as the Securing our Border Act.
Section 2
2. Findings Congress finds the following: United States border security is paramount to the general welfare of our Nation and ensures the efficient and meaningful flow of goods and individuals through legal means. During 2023, an estimated 105,007 drug overdose deaths occurred in the United States. Only 2 percent of passenger vehicles and 20 percent of commercial vehicles crossing the southern border are scanned by nonintrusive inspection technology through a radiation portal monitor. During fiscal year 2023, U.S. Customs and Border Protection agents processed more than 1,081,030 passengers and pedestrians. Limiting the amount of deadly illicit narcotics, including fentanyl, from entering the United States would reduce the number of Americans who die annually from the use of such narcotics. Because of the failure to update nonintrusive inspection technologies at land ports of entry along the southern border of the United States, there has been an increase in the amount of illicit narcotics, such as fentanyl, being trafficked across the southern border. The amount of illicit drugs seized by U.S. Customs and Border Protection along the southwest border was approximately— 241,000 pounds during fiscal year 2023; and 275,000 pounds during fiscal year 2024. U.S. Customs and Border Protection agents had 2,135,005 encounters along the southern border during fiscal year 2024, including— 1,218,880 single adults; 804,456 family units; and 109,998 unaccompanied minors. According to the Department of Homeland Security, 750 migrants died attempting to cross the southern border during fiscal year 2022, which is— more migrant deaths than occurred in any previous fiscal year; and more than 200 more migrant deaths than the number of such deaths during fiscal year 2021. As of September 30, 2024, the immigration court backlog was 3,558,995 cases. Since the end of fiscal year 2019, U.S. Customs and Border Protection has reported 2,371 encounters with potential terrorists at ports of entry along the southern and northern borders. According to U.S. Customs and Border Protection onboard staffing data, approximately 2,700 additional U.S. Customs and Border Protection officers need to be stationed at United States ports of entry to fully staff such ports. Due to shifting priorities, construction delays, a lack of available technology solutions, and funding constraints, most southern U.S. Border Patrol sectors still rely on obsolete systems or technologies.
Section 3
3. Funding for nonintrusive border inspections One-third of the unobligated balances (as of the date of the enactment of this Act) from amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be transferred to U.S. Customs and Border Protection during the period beginning on the date of the enactment of this Act and ending on February 6, 2034, for nonintrusive inspection systems to achieve a 100 percent nonintrusive inspection scanning rate at all northern border and southwest border land ports of entry by February 6, 2034.
Section 4
4. Funding for border wall construction Two-thirds of the unobligated balances (as of the date of the enactment of this Act) from amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 shall be transferred to the Department of Homeland Security during the period beginning on the date of the enactment of this Act and ending on February 6, 2034, for activities related to the construction of a border wall system along the southwest international border of the United States. The Secretary of Homeland Security shall submit quarterly reports to the Committee on Appropriations of the Senate, the Committee on Finance of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the House of Representatives, the Committee on Ways and Means of the House of Representatives, and the Committee on Homeland Security of the House of Representatives that contains— an implementation plan with benchmarks related to stemming illegal immigration; and cost estimates associated with border wall system construction.
Section 5
5. Authorization to provide bonuses to U.S. Customs and Border Protection agents Subject to the approval of the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection may pay a recruitment bonus, not to exceed $15,000, to each newly hired U.S. Customs and Border Protection agent after— the agent completes initial basic training; and the execution of a written agreement described in paragraph (2). A written agreement described in this paragraph is a legally binding agreement between a newly hired agent and U.S. Customs and Border Protection that— specifies the amount of the bonus payment to be paid to such agent, including the timing of such payment; the length of the period of service required to be completed before such agent is entitled to retain such payment; and any other terms and conditions to which such payment is subject. Subject to the approval of the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection may pay annual retention bonuses, not to exceed 15 percent of the agent's basic pay, to U.S. Border Patrol agents after the completion of each year of satisfactory service, as determined by the Commissioner. Subject to the approval of the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection may pay a relocation bonus, not to exceed 15 percent of the agent's annual basic pay, to a U.S. Customs and Border Protection agent who agrees to be transferred and to serve for not less than 3 years at the new duty station. None of the bonuses paid to a U.S. Customs and Border Protection agent pursuant to subsections (a) through (c) may be considered part of the basic pay of such agent for any purpose, including for retirement or in computing a lump-sum payment to the agent for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code.
Section 6
6. Treatment of aliens arriving from contiguous territory Section 235(b)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(C)) is amended by striking may return and all that follows and inserting the following: shall— return the alien to such territory, or to a safe third country (as described in section 208), pending the completion of a proceeding under section 240; or detain the alien for further consideration of an application for asylum, which shall include a determination of credible fear of persecution. shall—(i)return the alien to such territory, or to a safe third country (as described in section 208), pending the completion of a proceeding under section 240; or(ii)detain the alien for further consideration of an application for asylum, which shall include a determination of credible fear of persecution..