Section by Section Summary of the Border Security ... - Siskind, Susser

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implemented and substantially completedc. DHS has rolled out E-Verify to all employersd. The exit system at air and sea ports of entry is operational.Adjustments may be permitted if litigation prevents any of these conditions from beingmet, the implementation of the triggers is found unconstitutional by the Supreme Courtor ten years have elapsed since the date of enactment of the bill. Note that the newmerit-based points categories don’t allow for applications by RPI beneficiaries until afterten years.The DHS Secretary is authorized to waive all legal requirements to ensure the requirementsare met. Limits review of this bill to US district courts and only constitutional aspects of thebill can be challenged.DHS actions must be challenged within 60 days after the date of the contested action ordecision. Only the Supreme Court can review such a decision.*****Leahy Amendment 4Triggers on border security expanded to all border sectors, not just “high risk”sectors. [Grassley 1]Section 3(a) of the preliminary section of the bill is amended to redefine “SouthernBorder Fencing Strategy” by expanding it to include infrastructure and technology,including at ports of entry. Right now the fencing strategy only discusses fencing.Regarding the provision waiving the legal requirements for making improvements atthe border, the requirement that DHS provide a notice in the Federal Register isexpanded to require DHS to provide an explanation for the determination. Also thewaiver in this section expires when DHS certifies that the fencing strategy issubstantially completed. [Leahy 4]Section 4. Southern Border Security Commission.If effective control of the border is not achieved in five years, a Southern Border SecurityCommission will be set up. It will be comprised of two members appointed by thePresident, two by the President pro tempore of the Senate (one from each party), two bythe Speaker of the House (one from each party), four members who are either thegovernor (or an appointee of the governor) of the four border states.The Commission shall make recommendations to the President, DHS and Congress onpolicies to achieve the border security goals in the triggers. Within six months, theCommission has to submit its report.*****Section 5. Comprehensive Southern Border Security Strategy and Southern Border FencingStrategy.
Within 180 days of passage of the bill, DHS shall prepare a strategy called theComprehensive Southern Border Security Strategy for maintaining effective controlbetween the ports of entry in all high risk border sectors along the Southern border.The strategy shall explain how the enforcement goals outlined above will be met. DHS willreport semi- annually on the implementation of the strategy.A Southern Border Fencing Strategy must be established within 180 days of passage ofthe bill. The strategy will describe where fencing, infrastructure and technology should bedeployed on the border.*****Leahy Amendment 4Adds the Senate Judiciary Committee and the House Judiciary Committee to the list ofbodies that need to get copied on the Comprehensive Southern Border SecurityStrategy and reports on the strategy required in Section 5. [Grassley 2]Section 5(b) of the preliminary section is amended to require DHS to consult with theSecretary of the Interior, the Secretary of Agriculture, States, local governments,Indian tribes, and property owners in the US to minimize the impact on theenvironment, culture, commerce and quality of life for the communities near thefencing. [Leahy 4]Section 6. Comprehensive Immigration Reform Trust Fund.$6.5 billion will be transferred to a new Treasury Department fund to finance theimplementation of this law. $100,000,000 will be appropriated for start up costs. Fees fromvarious parts of the bill’s new programs will go in to this fund.$3 billion will go to implementing the Comprehensive Southern Border Security Strategy.$2 billion will go to activities called for by the Commission described in Section 4.$1.5 billion will go for fencing.The first $7.5 billion collected from the new fees provided in the bill will go for deficitreduction.Grassley Amendment 5Amends Section 6 of the preliminary section. Requires an annual audit of theComprehensive Immigration Reform Trust Fund provided for in this section. The auditis to be conducted jointly by the Chief Financial Officer of DHS and the InspectorGeneral of DHS. The audit must be submitted to Congress and made available to thepublic. [Grassley 5]Leahy Amendment 4
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Section 3501. Shortage of Immigrati
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Amends Section 3602. Regarding disc
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*****Section 3611. Rule of Construc
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*****Section 3702. Banning Habitual
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Closes a loophole allowing certain
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All detention facilities will be in
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Blumenthal 8Adds a new Section 3720
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orders impacting custody of their c
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The Hatch amendment makes changes t
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The look back/forward provision exp
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*****Section 4224. Information Shar
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Subtitle C - L Visa Fraud and Abuse
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*****Section 4310. Application.The
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Section 4406. Nonimmigrant Elementa
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E, F-1, F-2, H-1B, H-1C, L, O, P, V
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[ADDS BUSINESS VISITOR RULES AS WEL
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The Commission’s methodology for
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Valid for initial 3 year period. Ma
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- The kinds of commercial investmen
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poverty area. People who invest in
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The section takes effect one year a
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