Immigration Related Border Security Legislation in the 109th Congress

Publication Date: September 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government; Population and demographics

Type:

Abstract:

Border security is considered a central aspect of the United States' overall homeland security. Securing the border involves controlling the official ports of entry (POE) through which legitimate travelers and commerce enter the country, as well as monitoring and patrolling the nation's land and maritime borders to detect and interdict the entry of illegal persons and contraband. The Department of Homeland Security's Bureau of Customs and Border Protection (CBP) is the lead federal agency charged with securing our nation's borders at and between POE.

In the 109th Congress, there are a large number of bills currently pending that would address some of the immigration issues associated with border security by focusing on the movement of people into the country, both at POE and illegally across the U.S. international land border. This report will focus on the main legislative issues facing the 109th Congress relating to the movement of people across the border. It will not address interior enforcement issues or cargo security issues.

At POE, CBP officers screen travelers attempting to enter the country by air, land, or sea to ensure that unwanted or dangerous people do not enter the country. The main issues facing Congress at POE include expanding the biometric entry exit system currently being used to screen entrants; and whether the resources currently fielded by the agency (including personnel, technology, and infrastructure) are adequate to the task at hand.

Between POE, United States Border Patrol (USBP) agents attempt to detect and prevent the illegal entry of terrorists, weapons of mass destruction, unauthorized aliens, and contraband. A number of issues between POE that would be addressed by legislation are currently pending in the 109th Congress, including whether DHS has a viable border security strategy; whether the USBP has the adequate resources to achieve operational control of the border; the expansion of fencing along the border with Mexico; allowing the military to patrol or surveil the border; allowing the states or civilians to patrol the border; expanding the expedited removal program or requiring mandatory detention of aliens apprehended between POE; and removing Air and Marine Operations from CBP and making it a separate office within DHS.

The following bills are included in this report: H.R. 98, H.R. 193, H.R. 255, H.R. 418, H.R. 688, H.R. 780, H.R. 1196, H.R. 1320, H.R. 1502, H.R. 1805, H.R. 1815, H.R. 1817, H.R. 1912, H.R. 1986, H.R. 2092, H.R. 2330, H.R. 3137, H.R. 3333, H.R. 3622, H.R. 3693, H.R. 3704, H.R. 3938, H.R. 4009, H.R. 4083, H.R. 4099, H.R. 4238, H.R. 4240, H.R. 4283, H.R. 4284, H.R. 4285, H.R. 4312, H.R. 4313, H.R. 4412, H.R. 4437, H.R. 4830, H.R. 4871, H.R. 4958, H.R. 5017, H.R. 5067, H.R. 5122, H.R. 5456, H.R. 5631, H.R. 5813, H.R. 5814, H.R. 6061, H.R. 6091, S. 12, S. 1033, S. 1362, S. 1374, S. 1438, S. 1823, S. 1875, S. 1916, S. 2049, S. 2061, S. 2117, S. 2368, S. 2377, S. 2391, S. 2394, S. 2454, S.Amdt. 3192, S. 2611, S. 2612, S. 3564, S. 2766, S.Amdt. 4788. This report will be updated periodically as events warrant.