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

Bill Text

    Text of H.R. 2 PDF XML

    (as introduced)

    Bills Incorporated as H.R. 2

    H.R. 2794 - Border Reinforcement Act of 2023 (as reported) PDF XML

    H. Rept. 118-45, Part I - Report from the Committee on Homeland Security to accompany H.R. 2794 PDF

    Comparative Print showing the difference between H.R. 2794 (as reported) and H.R. 2 (as introduced) PDF

    H.R. 2640 - Border Security and Enforcement Act of 2023 (as reported) PDF XML

    H. Rept. 118-47, Part I - Report from the Committee on the Judiciary to accompany H.R. 2640 PDF

    Comparative Print showing the difference between H.R. 2640 (as reported) and H.R. 2 (as introduced) PDF

    H.R. 1690 - ORDER Act (as reported) PDF XML

    H. Rept. 118-46, Part I - Report from the Committee on Foreign Affairs to accompany H.R. 1690 PDF

    Comparative Print showing the difference between H.R. 1690 (as reported) and H.R. 2 (as introduced) PDF

Rule Information

REPORTED BY A RECORD VOTE of 9-4 on Wednesday, May 10, 2023.

Agreed to by a record vote of 215-209, after agreeing to the previous question by a record vote of 215-211, on Wednesday, May 10, 2023.

MANAGERS: Roy/Scanlon

1. Closed rule for H.R. 2.

2. Waives all points of order against consideration of the bill.

3. Provides that the bill shall be considered as read.

4. Waives all points of order against provisions in the bill.

5. Provides five hours of general debate with two hours equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security or their respective designees, two hours equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees, and one hour equally divided and controlled by the chair and ranking minority member of the Committee on Foreign Affairs or their respective designees.

6. Provides one motion to recommit.

7. Closed rule for H.R. 1163.

8. Waives all points of order against consideration of the bill.

9. Provides that the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, modified by the amendment printed in the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.

10. Waives all points of order against provisions in the bill, as amended.

11. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means or their respective designees.

12. Provides one motion to recommit

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Thompson (MS)DemocratAdds needed staffing resources to U.S. ports of entry consistent with the Customs and Border Protection workforce staffing model and broadens the availability of retention bonuses to CBP officers in addition to Border Patrol agents.Submitted
2Version 1Thompson (MS)DemocratBars Customs and Border Protection from restricting employee participation in a union.Submitted
3Version 1Thanedar (MI)DemocratAuthorizes construction of joint processing centers aimed at improving integration among DHS components (CBP, ICE, and USCIS) and collaboration with local stakeholders to drive more timely and effective processing of migrants.Submitted
4Version 1Garcia, Robert (CA)DemocratStrikes section 115 of division ASubmitted
5Version 1Nadler (NY)DemocratStrikes the E-Verify Title.Submitted
6Version 1Jayapal (WA)DemocratCodifies the Uniting for Ukraine Program.Submitted
7Version 1Scanlon (PA)DemocratAllows unaccompanied minors under five years old to be eligible for asylum, whether or not they arrive at a port of entry.Submitted
8Version 1Correa (CA)DemocratStrikes the retroactive provision on page 127, line 13, that applies the detention mandate to current families and individuals who are already in immigration proceedings.Submitted
9Version 1Rouzer (NC)RepublicanAmends the penalty for absconding from an immigration court hearing to a permanent ban of benefits under the Immigration and Nationality Act.Submitted
10Version 1Correa (CA)DemocratCodifies the current military parole program that has existed since the Obama Administration and was continued by the Trump Administration.Submitted
11Version 1Goldman (NY)DemocratAdds at the end of Division A, a section directing the Secretary of Homeland Security to enhance efforts to disrupt the smuggling of U.S.-sourced firearms and related munitions across the land border with Mexico.Submitted
12Version 1Molinaro (NY)RepublicanDirects the new $50 asylum fee to HHS' Stop Overdose Campaign to highlight the dangers of fentanyl and increase awareness of the issue.Submitted
13Version 1Griffith (VA)RepublicanAmends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide rules for the repatriation of unaccompanied alien children.Submitted
14Version 1Swalwell (CA)DemocratAmends prohibition on funds to NGOs to allow funds to NGOs that provide assistance to Afghan Nationals who assisted the US operations in Afghanistan.Submitted
15Version 1Magaziner (RI)DemocratRevises sections 115(a) and 115(c) so the prohibitions on funding in that section shall not be applied with respect to children, pregnant women, or women who are survivors of human trafficking, domestic violence, or sexual assault and organizations providing supporting services to those groups as well.Submitted
16Version 1Magaziner (RI)DemocratAdds "firearm trafficking" after "drug trafficking" to section 113(b)(3)(D)Submitted
17Version 1Jackson Lee (TX)DemocratAdds the mens rea requirement that to be criminally liable, a person must knowingly and willingly overstay their visa.Submitted
18Version 1Donalds (FL)RepublicanRequires a report from the Secretary of Homeland Security on the existence of programs and components of the Department of Homeland Security that are not explicitly authorized in statute.Submitted
19Version 1Donalds (FL)RepublicanRequires an audit of CBP's ongoing efforts to fulfill its congressional directive to implement a comprehensive biometric entry/exit system at all airports, seaports, and pedestrian land crossings to ultimately combat illegal immigration stemming from visa overstays.Submitted
20Version 1Malliotakis (NY)RepublicanAdds the text of HR2844, To require the Secretary of Homeland Security and the Secretary of Health and Human Services to make available to the public on the websites of their respective departments certain information relating to individuals processed through U.S. Customs and Border Protection or Department of Health and Human Services facilities, and for other purposes.Submitted
21Version 1Rouzer (NC)RepublicanReverts the Adverse Effect Wage Rate (AEWR) to the December 2022 rate for the remainder of 2023.Submitted
22Version 1Crenshaw (TX)RepublicanRequires DNA testing of all migrants who present as family units within 72 hours of encounter. Allows the Sec. of Homeland Security to refer for prosecution adults who are found to not be first- or second-degree family. Authorizes $35M through end of FY25 for DNA testing.Submitted
23Version 1Crenshaw (TX)RepublicanRequires the Sec. of HHS to ensure custodians of UACs are: in the country legally; of first- or second-degree familial relation; and, have not been convicted of or have pending charges for crimes of violence, sexual offenses, human trafficking, or kidnapping.Submitted
24Version 1Scholten (MI)DemocratStrikes lines 1-6 of page 146 to allow recipients of parole to be eligible for employment.Submitted
25Version 1Crenshaw (TX)RepublicanAllows certain minors to be considered and treated as adults if a reasonable person would conclude they are an adult, the minor is a threat to other minors, or the minor displays affiliation to a transnational criminal organization.Submitted
26Version 1Crenshaw (TX)RepublicanAddresses the shortage of ICE prosecutors by requiring the Sec. of Homeland Security establish and maintain a 4-to-1 prosecutor to immigration judge ratio to ensure the government is represented in immigration courts.Submitted
27Version 1Carter (LA)DemocratRequires the Secretary to certify certain information to Congress before exercising eminent domain.Submitted
28Version 1Crenshaw (TX)RepublicanStrikes the section requiring a report on FTO designation for certain cartels.Submitted
29Version 1Fallon (TX)RepublicanRestores expedited removal to its original state by rescinding the rule that established the 100-air-mile-14-day limitation and by restricting DHS from implementing any more rules with distance limitations.Submitted
30Version 1Fallon (TX)RepublicanRequires the Secretary of Homeland Security to submit a report including an assessment of Iran, Russia, and China's collaboration with Mexican drug cartels.Submitted
31Version 1Fallon (TX)RepublicanRequires all aliens participating in ICE's Alternatives to Detention program to be tracked with GPS.Submitted
32Version 1Buck (CO)RepublicanRequires Federal agencies to share personally identifiable information at the request of DHS in order to prevent identity fraud in the e-verify system.Submitted
33Version 1Correa (CA)DemocratRequires OPM to establish a special rate in geographic areas to address recruiting and retention issues.Submitted
34Version 1Correa (CA)DemocratEstablishes the minimum rate of basic pay for any individual appointed to a CBP position to level GS-7 of the General Schedule.Submitted
35Version 1Correa (CA)DemocratExpands child care services for CBP agents and officers.Submitted
36Version 1Porter (CA)DemocratStrikes Section 102 of the bill, which would require the Secretary of the Department of Homeland Security to resume building the Trump Administration's border wall.Submitted
37Version 1Lesko (AZ)RepublicanAuthorizes the Department of Health and Human Services (HHS) to restrict migration and imports from foreign countries to prevent the introduction of illicit drugs into the United States.Submitted
38Version 1Stanton (AZ)DemocratStrikes subsection (d) of section 126 of division A to eliminate the provision of the bill that would prevent the authorization of funds to be appropriated to the Shelter and Services Program.Submitted
39Version 1Porter (CA)DemocratRequires that no fewer refugees be admitted in a fiscal year than the number the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest.Submitted
40Version 1Schiff (CA)DemocratAllows individuals fleeing communist and totalitarian dictatorships to apply for asylum in the US regardless of whether or not the individual entered the US through a port of entry.Submitted
41Version 1Jackson Lee (TX)DemocratRequires CBP and ICE to provide Congress with a plan for implementing-- within one year-- the use of body-worn cameras by its agents and officers who are engaged in border security or immigration enforcement activities. Any implementation of a plan for body-worn cameras requires additional Congressional Action.Submitted
42Version 1Ivey (MD)DemocratEnsures that when children are detained, they are detained in conditions that are safe and humane, and that personnel who interact with detained children are appropriately trained to work with children.Submitted
43Version 1Pressley (MA)DemocratWithdrawn Delay enactment until the Secretary certifies that this Act would not result in parents of minors without fault in the overpayment being forced to repay overpayments.Withdrawn
44Version 1Jackson Lee (TX)DemocratClarifies that the official policy of the United States as implemented by the agencies of the Department of Homeland Security shall be to keep families together and not remove children from parents or responsible adults unless the safety or welfare of the child is at risk.Submitted
45Version 1Norton (DC)DemocratEnsures that a District of Columbia driver’s license is treated in the same manner as a state driver’s license.Submitted
46Version 1Arrington (TX)RepublicanRequires the Department of Homeland Security (DHS) to notify a state before placing a non-U.S. national (alien under federal law) in that state and gives the state final authority to prohibit such a placement.Submitted
47Version 1Castro (TX)DemocratExempts individuals with disabilities, individuals who are fleeing the Russian invasion of Ukraine, and individuals who belong to religious minorities or persecuted religious groups from certain countries to be exempt from restrictions on the right to asylum under this bill.Submitted
48Version 1Correa (CA)DemocratExpands bilateral cooperation with Mexican and Central American law enforcement to identify and disrupt human smuggling and human trafficking operations.Submitted
49Version 1Grothman (WI)RepublicanRequires the Office of Refugee Resettlement (ORR) to report unaccompanied minors that have been placed with sponsors as missing to the FBI's National Crime Information Center if: 1) ORR could not contact the sponsor of an unaccompanied minor for the purpose of a follow-up/well-being check within 120 days of placement; 2) The sponsor of an unaccompanied minor does not contact ORR for the purpose of a follow-up/well-being check within 120 days of placement.Submitted
50Version 1Grothman (WI)RepublicanRequires the Office of Refugee Resettlement (ORR) to reinstate the proof of address requirement and conduct background checks on each household member of a sponsor's residence. Additionally, removes ORR's authority to waive these requirements.Submitted
51Version 1Grothman (WI)RepublicanRequires the Government Accountability Office to conduct a study and issue a report to Congress on the expanded use of canine units within Customs and Border Protection outside of the Office of Field Operations for the purpose of detecting migrants and narcotics along the southern border with recommendations for Congress to provide funding for such expanded use.Submitted
52Version 1Foxx (NC), Fallon (TX)RepublicanModifies the Victims of Crime Act (VOCA) of 1984 to require state Attorneys General to give priority to victims of crimes committed by people in the country illegally when distributing funds under victims' compensation grant programs under VOCA.Submitted
53Version 1Johnson (GA)DemocratRevises the bill to ensure that unaccompanied minors in immigration proceedings will have counsel appointed or provided by the government, at government expense.Submitted
54Version 1Crenshaw (TX)RepublicanEstablishes an up to $250 per-pay-period hardship and incentive pay for CBP or ICE law enforcement officers who are stationed along a border with a monthly average of more than 1,000 encounters a day; a sector with more than 250 encounters per day; duty in a sector where they faced a threat of physical harm from cartels; or, duty in a sector where fentanyl was encountered.Submitted
55Version 1Vasquez (NM), Sorensen (IL), Davids (KS)DemocratAppropriates $305M to DHS to identify, procure, and deploy inspection capabilities like Non-Intrusive Inspection technology to detect illicit cargo, with a priority on fentanyl detection.Submitted
56Version 1Vasquez (NM)DemocratStrikes existing language of Sec. 815 and replaces it with a GAO report on the H-2A visa program, including but not limited to, analyzing the impact that the program has on hiring domestic workers, identifying housing challenges for workers, and comparing wage rate requirements for guest and domestic workers, among other things.Submitted
57Version 1Ryan (NY)DemocratAuthorizes $800,000,000 for DHS to combat fentanyl trafficking at all ports of entry.Submitted
58Version 1Salazar (FL)RepublicanStrikes Division B, Section 107, which changes the definition of asylum.Submitted
59Version 1Greene (GA)RepublicanWithdrawn Prohibits climate change from being used as a basis to claim asylum.Withdrawn
60Version 1Salazar (FL)RepublicanStrikes Division A, Section 115, part (c) which contains ambiguous language concerning whether NGO’s and faith-based organizations are able to provide humanitarian assistance to individuals near the border, including those who may be impacted by natural disasters.Submitted
61Version 1Gonzales, Tony (TX)RepublicanIncreases the minimum rate of basic pay for certain U.S. Border Patrol Agents by at least 14%.Submitted
62Version 1Davidson (OH)RepublicanDesignates certain cartels as Special Transnational Criminal Organizations and broadens sanctions to include individuals who provide cartels material support.Submitted
63Version 2Bucshon (IN), Krishnamoorthi (IL)Bi-PartisanRevised Preserves unused Congressionally-allotted employment-based visas dating back to 1992, increasing access to visas for high-skilled workers. Exempts these preserved visas from per-country caps.Revised
64Version 1Feenstra (IA), Bacon (NE), Nunn (IA), Sessions (TX), Posey (FL), Miller-Meeks (IA), Hinson (IA)RepublicanRequires U.S. Immigration and Customs Enforcement to take into custody certain aliens who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person.Submitted
65Version 1Sorensen (IL), Gluesenkamp Perez (WA), Vasquez (NM), Scholten (MI), Davids (KS), Lee (NV), Jackson (NC)DemocratDirects CBP to hire an additional 500 officers at points of entry to increase the number of vehicles scanned at the border.Submitted
66Version 1McCormick (GA)RepublicanPrevents the E-Verify system from including specific Personal Identification data, including race, genetic and biometric information, and requires the DHS Inspector General to conduct a review of the system and report if data is being improperly used.Submitted
67Version 1Sorensen (IL), Gluesenkamp Perez (WA), Scholten (MI), Vasquez (NM), Davids (KS), Jackson (NC)DemocratProvides $50 million to expand the DHS’ Fentanyl Abatement and Suppression Team (FAST) to improve coordination among state, local, and federal partners to disrupt fentanyl distribution networks.Submitted
68Version 1Moore (UT)RepublicanExpresses a Sense of Congress recognizing the vital economic and national benefit of BridgeUSA programs, formerly the J-1 Exchange Visitor Program.Submitted
69Version 1Good (VA), Luna (FL)RepublicanLate Amends Section 123 and inserts a sense of Congress urging a whole of government approach to the Mexican drug cartels.Submitted