The implications of HB 989 are significant for state law and border management. By codifying the need for physical barriers and tactical infrastructure, the bill prioritizes and legislates an aggressive approach to border control. It permits the use of previously appropriated funds for barrier construction and introduces legal flexibility for the Department of Homeland Security to bypass certain regulations that could delay construction efforts. This may streamline operations locally, although it raises concerns among environmental and community advocates regarding the effects of rapid construction on local ecosystems and properties.
Summary
House Bill 989, known as the 'Build the Wall Now Act', seeks to remove barriers to the construction of a border barrier along the U.S.-Mexico border. The bill mandates the immediate resumption of barrier projects that were in progress before January 20, 2021, and prevents the cancellation of existing contracts related to such construction. Furthermore, it authorizes the Secretary of Homeland Security to waive any legal requirements deemed necessary to expedite the construction and approval processes for these barriers.
Contention
Notably, the bill faces contention primarily over its disregard for existing laws and regulations that protect the environment and local communities. It explicitly exempts any border construction projects from numerous federal environmental laws, which may lead to ecological damage and disregards the local populations' concerns. Critics argue that lawmakers are prioritizing border security over environmental safeguards and community rights, sparking a debate about the balance between national security and local impacts.
Related
To provide for the renewed availability of funds to construct the border wall upon the deployment of the National Guard to the southern land border of the United States, and for other purposes.
To provide for the renewed availability of funds to construct the border wall upon the deployment of the National Guard to the southern land border of the United States, and for other purposes.
Finish the Wall Act This bill requires the Department of Homeland Security (DHS) to resume activities related to the construction of a barrier system along the U.S.-Mexico border and addresses other border-related issues. DHS must resume all such construction activities that were planned or underway prior to January 20, 2021. DHS must also expend all funds appropriated or explicitly obligated since October 1, 2016, for construction of this barrier system. DHS may not cancel contracts for activities related to such construction entered into on or before January 20, 2021. Furthermore, within 14 days of this bill's enactment, DHS must certify to Congress that U.S. Customs and Border Protection facilities that process adults taken into custody at the border are fully compliant with certain laws related to the collection of DNA. (Among other things, these laws allow for the collection of DNA samples from non-U.S. persons detained under U.S. authority.)
Secure the Border Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill requires the Department of Homeland Security (DHS) to resume activities to construct a wall along the U.S.-Mexico border; provides statutory authorization for Operation Stonegarden, which provides grants to law enforcement agencies for certain border security operations; prohibits DHS from processing the entry of non-U.S. nationals (aliens under federal law) arriving between ports of entry; limits asylum eligibility to non-U.S. nationals who arrive in the United States at a port of entry; authorizes the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.
Security First Act This bill reauthorizes the Operation Stonegarden program from FY2024 through FY2027 and addresses other border security issues. (Operation Stonegarden provides grants to enhance the border security capabilities of state, local, and tribal governments.) From FY2024 through FY2027, the money from unreported monetary instruments seized from individuals crossing the U.S.-Mexico border and transferred into the Department of the Treasury general fund shall be made available without further appropriation to the Department of Homeland Security (DHS) to fund Operation Stonegarden. DHS must report to Congress on (1) DHS hiring practices from 2018 to 2021, and (2) whether certain Mexican drug cartels meet the criteria to be designated as foreign terrorist organizations. DHS must also periodically report to Congress about the technology needed to secure the U.S.-Mexico land border.
Finish the Wall Act This bill requires the Department of Homeland Security (DHS) to resume activities related to the construction of a barrier system along the U.S.-Mexico border and addresses other border-related issues. DHS must resume all such construction activities that were planned or underway prior to January 20, 2021. DHS must also expend all funds appropriated or explicitly obligated since October 1, 2016, for construction of this barrier system. DHS may not cancel contracts for activities related to such construction entered into on or before January 20, 2021. Furthermore, within 14 days of this bill's enactment, DHS must certify to Congress that U.S. Customs and Border Protection facilities that process adults taken into custody at the border are fully compliant with certain laws related to the collection of DNA. (Among other things, these laws allow for the collection of DNA samples from non-U.S. persons detained under U.S. authority.)
To provide for the renewed availability of funds to construct the border wall upon the deployment of the National Guard to the southern land border of the United States, and for other purposes.