BILL: Secure the Border Act of 2023 – H.R.2 – Tell Your Senators How To Vote

The Bill

• H.R.2 - Secure the Border Act of 2023

Bill Details

• Sponsored by Rep. Mario Diaz-Balart (R-Fla.) on May 2, 2023
• The Act passed in a 219-213 vote.
• Two Republicans — John Duarte of California and Thomas Massie of Kentucky — joined all Democrats in opposing the new immigration restrictions.
• House - Passed
• Senate - Not Yet Voted
• President - Not Yet Signed

Bill Overview

• The GOP's "Secure the Border Act of 2023" (H.R. 2) would severely restrict the right to seek asylum in the U.S., limit lawful immigration avenues, pressure border communities, and establish new criminal penalties related to immigration law.
• Restarts border wall construction, increase enforcement personnel and defund NGOs that provide services to migrants. 
• H.R. 2 would limit access and eligibility for asylum as well as roll back safeguards for children in detention by making it easier for families with minor children to be held in detention indefinitely and fast-tracking removal proceedings for vulnerable minors.
• Limits executive branch parole powers and criminalizes visa overstays with up to six months in prison for a first offense.

What's in the Bill?

The Act comprises two main divisions.

Division A

• Division A, dedicated to border security, includes plans for border wall construction, improvements in border and port security technology, the strengthening of requirements for barriers along the southern border, technology upgrades for U.S. Customs and Border Protection (CBP), and the reauthorization of the Anti-Border Corruption Act.
• The Act also calls for establishing workload staffing models for CBP's U.S. Border Patrol and Air and Marine Operations.
• Division A includes restrictions on funding, the collection of DNA and biometric information at the border, and regular publication of operational statistics by CBP.
• The Act also bans COVID-19 vaccine mandates or adverse action against Department of Homeland Security (DHS) employees.

Division B

• Division B addresses immigration enforcement and foreign affairs--including asylum reform and border protection, border safety and migrant protection, immigration parole reform, and provisions for the protection of children.

Asylum Reform

• The Act undoes protections for migrant children, which are currently upheld by the Flores Settlement Agreement.
• • This landmark agreement stipulates conditions for the legal detention of children in U.S. immigration custody.
• The Act proposes to diminish these protections by removing the existing presumption against detaining noncitizen children accompanying their families.
• Under the proposed Act, the Department of Homeland Security (DHS) would be mandated to reinstitute family detention, effectively holding parents and children who enter the U.S. unauthorized in immigration detention if the parent is charged with improper entry.
• The Act introduces an amendment to the bipartisan William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, mandating the return of all unaccompanied migrant children — not just those from Mexico and Canada — to their countries of origin unless they are trafficking victims or express fear of return.
• The legislation proposes to fast-track removal proceedings for unaccompanied migrant children who may qualify for humanitarian relief. These expedited proceedings would occur within two weeks of an initial screening, which would take place within 48 hours of apprehension.
• H.R. 2 seeks to extend the transfer timeline of unaccompanied migrant children to the Department of Health and Human Services (HHS) from 72 hours to 30 days for those with humanitarian claims. It also introduces discretionary transfers, extending the time migrant children could be held in border facilities unequipped to care for minors.
• The Act will also require significant changes in the employment eligibility verification process and system. It enhances penalties for fraud and misuse of documents and carries out identity authentication employment eligibility verification pilot programs.

Employer Reform

The bill requires employers to provide and maintain proof of hiring only documented workers. Specifically, the bill calls for the following:

• A nationwide mandate requiring employers to verify the eligibility of their employees to legally work in the U.S., placing a heavy burden on small businesses and key sectors.
• Employers would need to attest under penalty of perjury that they have verified a potential employee's immigration status.
• The introduction of a new Employment Eligibility Verification System (EEVS), administered by the Department of Homeland Security (DHS), through which employers would verify workers' eligibility.
• Employers would be required to end the employment of foreign nationals confirmed as ineligible to work.
• Escalated criminal penalties for habitual hiring violations, including imprisonment for up to 18 months and fines up to $5,000 per unauthorized worker.

What Supporters are Saying

• In a joint statement released after the bill passed, House GOP leaders said Republicans:

"[A]re taking action to address the chaos at our nation’s borders by delivering legislation that will support our Border Patrol agents, block the flow of fentanyl into our country and put an end to the Biden Border Crisis.”

What Opponents are Saying

• A White House statement said that while the Biden administration supports reforms to the nation's immigration system, it opposes H.R. 2 for making "elements of our immigration system worse."

"A successful border management strategy must include robust enforcement at the border of illegal crossings, deterrence to discourage illegal immigration, and legal pathways to ensure that those in need of protection are not turned away to face death or serious harm." 

-Josh Herman

(Photo Credit: Canva)