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Federal · H.R. 2 · 118th Congress

Passed · U.S. House vote · May 11, 2023

Secure the Border Act

This bill makes various changes to immigration law, including by imposing limits on asylum eligibility and requiring employers to use an electronic system to verify the employment eligibility of new employees. DIVISION A--BORDER SECURITY This division requires certain actions related to border security.

First two sentences of the Congressional Research Service's summary · Congress.gov ↗

What it does

This bill makes various changes to immigration law, including by imposing limits on asylum eligibility and requiring employers to use an electronic system to verify the employment eligibility of new employees.

Where it stands

Passed the House on May 11, 2023. Waiting on the Senate.

How your reps voted

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First two sentences of the Congressional Research Service's summary · Congress.gov ↗. A plain-words version comes later. Official page ↗

Your reps

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Latest final vote: Passed · U.S. House · May 11, 2023

Official record ↗
Constitution

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All votes2 recorded

U.S. House · May 11, 2023 · Final passage

On Passage · Passed

Official record ↗

By party

PartyYesNoPresentNot voting
Republican184200
Democratic017502
Democrat0600
Independent1000
By state (48)
StateYesNoPresentNot voting
AL5100
AR4000
AZ5200
CA114100
CO1301
CT0500
DE0100
FL17601
GA7400
HI0200
IA4000
ID2000
IL31400
IN5200
KS2100
KY4200
LA4100
MA0900
MD1400
ME0200
MI6600
MN4300
MO5100
MS3100
MT1000
NC5400
NE3000
NH0100
NJ3600
NM0300
NV1300
NY71300
OH8500
OK5000
OR1300
PA8700
RI0100
SC5100
SD1000
TN7100
TX221100
UT3000
VA4300
VT0100
WA1700
WI5200
WV1000
WY1000

The breakdown counts the 370 members whose positions are loaded; the totals above are the official record's.

Party is as each member's record lists it. Counts are of recorded positions, nothing more.

Every member's vote

370 members, by last name.

Load more

From the official record of each vote. A member who left office keeps their recorded position; their page shows the years they served.

Money

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HistoryMay 11, 2023
  1. May 11, 2023U.S. House: On Passage · Passed ↗
  2. May 11, 2023U.S. House: On Motion to Recommit · Failed ↗

Recorded votes on this bill and the final action, as their sources record them. Committee and other steps without a recorded vote aren't listed; the official page has every action.

Final action

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From Congress.gov's record of the bill's actions.

Full text
Full text on Congress.gov ↗ Official bill page ↗

Official summary (Congressional Research Service)

Secure the Border Act of 2023 This bill makes various changes to immigration law, including by imposing limits on asylum eligibility and requiring employers to use an electronic system to verify the employment eligibility of new employees. DIVISION A--BORDER SECURITY This division requires certain actions related to border security. (Sec. 102) This section requires the Department of Homeland Security (DHS) to resume all activities related to constructing a wall along the U.S.-Mexico border that were underway or planned prior to January 20, 2021. (Sec. 103) This section imposes additional requirements on DHS related to the construction of barriers along the U.S.-Mexico border. For example, the bill requires DHS to construct a border wall (including related infrastructure and technology) along at least 900 miles of that border, whereas currently DHS is required to have at least 700 miles of reinforced fencing along that border. This section also requires DHS to waive all legal requirements necessary to ensure the expeditious construction of the border barriers, whereas currently DHS is authorized to waive such requirements. (Sec. 104) This section requires U.S. Customs and Border Protection (CBP) to submit a strategic five-year technology investment plan to Congress. (Sec. 105) This section imposes certain documentation and acquisition-related standards on major border security technology acquisitions, generally those that cost at least $100 million based on FY2023 constant dollars. (Sec. 106) This section requires CBP to (1) ensure that each CBP officer or agent is equipped with a two-way communication device, (2) fully implement the Border Security Deployment Program (a border surveillance program), and (3) upgrade license plate readers as needed at ports of entry along the northern and southern borders. (Sec. 107) This section authorizes retention bonuses for eligible frontline U.S. Border Patrol law enforcement agents. The section also requires CBP to maintain an active duty presence of at least 22,000 full-time equivalent Border Patrol agents by September 30, 2025. (Sec. 108) This section modifies a provision that exempts certain applicants for CBP law enforcement positions from having to take a polygraph test. For example, this section provides this exemption to certain law enforcement officers, whereas currently the waiver is only available to eligible veterans. The waiver provision established by this section is not applicable during periods when CBP certifies that it has met certain staffing requirements. (Sec. 109) This section requires CBP to implement a workload staffing model for the Border Patrol and CBP Air and Marine Operations. (Sec. 110) This section provides statutory authorization for Operation Stonegarden, a program which provides grants to law enforcement agencies that are (1) in a state with an international land or maritime border, and (2) involved in an active CBP operation coordinated through the Border Patrol. (Sec. 111) This section establishes certain requirements for CBP Air and Marine Operations. For example, CBP must ensure that its Air and Marine Operations (1) carry out at least 110,000 flight hours each year, and (2) operate unmanned aircraft systems (drones) on the southern border 24 hours a day. (Sec. 112) This section requires DHS to hire contractors to begin eradicating certain plant growth along the Rio Grande River that impedes border security operations. (Sec. 113) This section requires the Border Patrol to issue a Border Patrol Strategic Plan to enhance border security. (Sec. 115) This section prohibits DHS from (1) processing the entry of non-U.S. nationals ( aliens under federal law) arriving in between ports of entry; (2) providing funds to nongovernmental organizations (NGOs) that facilitate or encourage unlawful activity; or (3) providing funds to NGOs that provide certain services, such as lodging or immigration legal services, to inadmissible non-U.S. nationals who enter the United States. (Sec. 116) This section requires DHS to ensure that CBP is, within 14 days of this bill's enactment, fully compliant with federal DNA and biometric collection requirements at U.S. land borders. (Sec. 117) This section requires CBP to periodically review and update, as necessary, manuals and policies related to inspections at ports of entry to ensure the uniformity of inspection practices to effectively detect illegal activity along the border, such as the smuggling of drugs and humans. (Sec. 118) This section requires CBP to publish information monthly about CBP encounters with non-U.S. nationals, including the total number of encounters and the nationalities of the individuals encountered. (Sec. 119) This section requires CBP to, within seven days of this bill's enactment, certify to Congress that CBP has real-time access to the criminal history databases of all countries of origin and transit for non-U.S. nationals encountered by CBP. (Sec. 120) This section prohibits the Transportation Security Administration (TSA) from accepting as proof of identification certain documents, such as a warrant issued by U.S. Immigration and Customs Enforcement (ICE) or an employment authorization issued by DHS. The TSA must collect the biometric information of any individual who (1) seeks to enter the aircraft boarding area of an airport where access is controlled by the TSA, (2) does not present an accepted identification document, and (3) the TSA cannot verify is a U.S. national. The TSA must share this collected biometric information with the Automated Biometric Identification System (IDENT). (Sec. 121) This section prohibits DHS from (1) issuing any COVID-19 vaccine mandate unless expressly authorized by Congress, or (2) taking any adverse action against an employee based solely on the employee's refusal to receive a COVID-19 vaccine. (Sec. 122) This section limits the use of the CBP One mobile application or a similar program. Specifically, DHS may only use such an

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