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FAIR Summary of S.744: Border Security

FAIR Summary of S.744: Border Security

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Summary of S.744, the Gang of Eight amnesty bill, covering border security provisions in Title I.
Summary of S.744, the Gang of Eight amnesty bill, covering border security provisions in Title I.

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Published by: Federation for American Immigration Reform on May 20, 2013
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Summary of S. 744
The Border Security, EconomicOpportunity, and Immigration Modernization Act
On April 17, 2013, Senators Chuck Schumer, John McCain, Dick Durbin, Lindsey Graham, BobMenendez, Marco Rubio, Michael Bennet, and Jeff Flake introduced S.774, entitled the Border Security,Economic Opportunity, and Immigration Modernization Act. If passed, S.744 would grant amnesty to theapproximately 12 million illegal aliens currently living in the U.S., create new guest worker programs for agricultural workers and low-skilled workers, and significantly increase legal immigration.
Border Security
Securing our nation’s borders and ports of entry, as well as the
regulation of who enters our country,under what conditions, and for what length of time is an integral aspect of national security policy.The following summary covers the provisions in Title I of the bill that would expand border security.
Border Security 
(Sec. 3, p. 9)
The Department of Homeland Security (DHS) grants
amnesty (“registered provisionalimmigrant” (RPI) status)
to illegal aliens after the Secretary merely submits
toCongress on border security and fencing.
DHS can adjust the status of RPIs to legal permanent resident (LPR) status after theSecretary
to Congress that (p. 11):
he border security plan is “substantially deployed” and “substantially operational”;
The border security plan must include a strategy for DHS to achieve and maintain anapprehension effectiveness rate of at least 90% inallborder sectors. (p. 9)
DHS has “implemented” and “substantially completed” the border fencing plan.
The fencing plan must include a strategy that identifies where fencing (if any),including double-layer fencing, should be deployed along the Southern border (p. 10)
Note: current law requires a double-layer fence along the Southern border.
DHS has “implemented” the mandatory employment verification syst
em required by INA274A (as amended by sec. 3101); and
DHS is using an electronic (but not biometric) exit system at air and sea (but not land)ports of entry that operates by collecting machine-readable visa or passport informationfrom air and vessel carriers.
Note: current law requires a biometric entry-exit system at all  ports of entry.
DHS may adjust RPIs to LPR status without satisfying the
Litigation prevents one of the triggers from being implemented, OR implementation of the triggers was held unconstitutional by the U.S. Supreme Court; AND
10 years have elapsed since the date of enactment. (p. 12)
FAIR Summary of S. 744: Title I
—Border Security • May 30
, 2013
 Page 2
The Secretary is authorized to waive all legal requirements that the Secretary determines tobe necessary for expeditious construction of the barriers, roads, or other physical tacticalinfrastructure needed to meet the triggers. (p. 13)
The waiver expires on the latter of the date the Secretary certifies that:
The fencing strategy is substantially completed; or 
The border strategy is substantially deployed and substantially operational.
Judicial review (p. 13)
Federal district courts have exclusive jurisdiction to hear all cases arising from anyaction or decision made by the Secretary under the waiver authorization.
A claim may only be brought alleging a violation of the U.S. Constitution.
The court does not have jurisdiction to hear other claims.
Claims must be filed within 60 days after the date of the contested action or decision bythe Secretary.
Appeals can only be heard by the U.S. Supreme Court.
(Sec. 5(a), p. 19)
The Secretary shall submit to Congress and the Comptroller General within 180 days of enactment a
for achieving and maintaining “effective control” in
allborder sectorsalong the U.S.-Mexico border.
The plan shall specify:
The priorities that must be met for the strategy to be successfully executed;
The capabilities that must be obtained to meet each of the priorities, including:
Surveillance and detection capabilities developed or used by DOD to increasesituational awareness; and
The requirement for stationing sufficient Border Patrol agents and CBP officers atand between ports of entry along the Southern border; and
The resources, including personnel, infrastructure, and technology that must beprocured and successfully deployed to obtain the capabilities listed above, including:
Fixed, mobile, and agent portable surveillance systems; and
Unarmed, unmanned aerial systems and unarmed, fixed-wing aircraft and necessaryand qualified staff and equipment to fully utilize such systems.
The plan must also:
Specify how resources will be used to meet the priorities to successfully execute thestrategy;
Identify interim goals ; and
Establish the schedule and supporting milestones for DHS to accomplish the interimgoals. (p. 21)
DHS shall implement
the plan “immediately after”
notifying Congress and the Comptroller General of its commencement. (p. 21)
The Secretary must submit a status report on the implementation of the plan within 180 daysafter it is submitted, and every 180 days subsequently. (p. 22)
The Comptroller General must conduct an annual audit of the semiannual reports submittedby the Secretary and submit an assessment of the plan to Congress.
FAIR Summary of S. 744: Title I
—Border Security • May 30
, 2013
 Page 3
(Sec. 4, p. 14)
If the Secretary certifies that DHS has not achieved its border security goal within 5 years of enactment, a 10-person appointed Commission is created within 60 days to make
for achieving “effective control” in
allborder sectors along the Southernborder.
Effective control: the ability to achieve and maintain in a Border Patrol sector:
Persistent surveillance inallborder sectors along the U.S.-Mexico border; and
An apprehension rate of 90% (including unde
tected illegal “gotaways”)
inallborder sectors along the U.S.-Mexico border.
Note: DHS does not currently have a metric tocalculate the number of illegal entrants that entered undetected.
The Commission shall submit its recommendations within 180 days after the 5-year authorization period.
The Commission terminates 30 days after submitting its recommendations. (p. 18)
The Comptroller General will review the recommendations in order to determine:
Whether any of the recommendations are likely to achieve effective control inallborder sectors;
Which recommendations are most likely to achieve effective control; and
Whether such recommendations are feasible within existing budget constraints. (p. 18)
(Sec. 5(b), p. 24)
The Secretary shall submit to Congress and the Comptroller General within 180 days of enactment a fencing plan to identify where fencing (if any), including double-layer fencing,infrastructure, and technology,including at ports of entry, should be deployed along theSouthern border.
The Secretary must also notify the above once implementation of the plan begins.
The Secretary must minimize the impact on the environment, culture, commerce, and qualityof life for residents near fencing constructing by consulting with:
Secretaries of the Interior and Agriculture;
States and local governments;
Indian tribes; and
Property owners.
The Secretary does not have to install fencing or infrastructure in a particular location if the
Secretary determines it is not the “most
appropriate means” for achieving effective control at
that location.
(Sec. 6, p. 25)
S.744 creates a Comprehensive Immigration Reform Trust Fund (CIR Trust Fund) that willconsist of $8.3 billionappropriated from the Treasury (
Note: the initial funding was originally $6.5 billion
) and certain amounts from various immigration fees: (p. 25)
$16 border processing fee added to ESTA fees under the Visa Waiver program (INA217(h)(3)(B)(i)), as added by sec. 1102(c). (p. 34)

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