Thursday, January 4, 2024

The House Passed the Secure the Border Act of 2023

The Secure the Border Act of 2023 is a comprehensive bill that encompasses various changes to immigration law and border security measures. 

Divided into different sections, the bill primarily focuses on enhancing border security, reforming asylum processes, preventing uncontrolled migration flows, addressing issues related to children and families at the border, implementing visa overstay penalties, and establishing a strict framework for employment eligibility verification. 

The bill aims to strengthen border security, reform asylum processes, address migration challenges, protect families and children at the border, impose penalties for visa violations, and implement stringent measures for employment eligibility verification across all industries. 

These measures seek to create a more controlled and regulated immigration system while reinforcing the security of the United States' borders. 

Yet, Chuck Schumer, a Democratic Party Member, is an American politician serving as Senate Majority Leader since 2021 and the senior United States senator from New York since 1999, will not allow this legislation to be voted on in the Senate, WHY?

Key provisions of the bill include: 

Division A: Border Security Resumption and Expansion of border wall construction: Mandates the construction of a border wall along at least 900 miles of the U.S.-Mexico border and requires waivers of certain legal requirements for expeditious construction. 
Investment in border security technology: Requires a strategic technology plan, upgrades to surveillance programs, communication devices for officers, and eradicating plant growth impeding border security operations. 

Division B: Immigration Enforcement and Foreign Affairs 

Title I: Asylum Reform and Border Protection Toughened asylum eligibility criteria: Limits asylum eligibility, imposes stricter standards for credible fear of persecution, and restricts asylum applications for those who travel through third countries. 

Title II: Border Safety and Migrant Protection Expanding expedited removal: Widens the category of non-U.S. nationals subject to expedited removal and mandates detention for certain individuals awaiting asylum consideration. 

Title III: Preventing Uncontrolled Migration Flows in the Western Hemisphere Negotiating agreements with Western Hemisphere countries: Requires the State Department to negotiate agreements on asylum seekers and immigration issues. 

Title IV: Ensuring United Families at the Border Detention policies: Establishes rules regarding the detention of alien children for immigration purposes and limits state licensing requirements for immigration detention facilities. 

Title V: Protection of Children Handling unaccompanied alien children: Modifies procedures for handling unaccompanied alien children, tightens requirements for Special Immigrant Juvenile visas, and establishes deadlines for handling cases. 

Title VI: Visa Overstays Penalties Penalties for overstaying visas: Increases civil and criminal penalties for visa overstays and unlawful entry into the U.S. 

Title VII: Immigration Parole Reform Limitations on parole authority: Restricts DHS authority to grant parole for humanitarian reasons or public benefit, limiting such grants to specific cases. 

Title VIII: Legal Workforce Employment eligibility verification: Mandates the use of an electronic employment eligibility verification system by all employers, imposes penalties for non-compliance, and preempts state laws on employment verification. 

 Other Significant Points Nullification of certain Department of Labor rules related to H-2A visas. Establishment of pilot programs for different technologies for employment eligibility verification.

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Thanks for your thoughts, comments and opinions, will be in touch. Peter Clarke