If enacted, SB422 would significantly alter the landscape of federal border security measures by mandating a robust physical infrastructure along the southern border. The bill empowers the Secretary of Homeland Security to waive numerous legal requirements that might otherwise impede construction. This could lead to expedited development of various technologies and tactical infrastructure aimed at improved situational awareness and operational control of the border areas identified as having high traffic for illegal crossings. Importantly, it explicitly allows the use of funds already designated for similar projects, so long as they were appropriated from fiscal years 2018 to 2021.
Summary
The Build the Wall Now Act, also known as SB422, aims to remove legal impediments to the construction of a border barrier along the United States-Mexico border. This legislation mandates the immediate resumption of construction projects that were underway or planned prior to January 20, 2021, and prohibits any cancellations of existing contracts for the border barrier system. The Secretary of Homeland Security is directed to allocate previously appropriated funds for this purpose until they are fully expended, effectively prioritizing border security enhancements over other fiscal obligations.
Contention
The bill is likely to face scrutiny regarding its environmental implications due to its facilitation of construction processes that can bypass existing legal protections under laws like the Clean Water Act and the Endangered Species Act. Critics argue that such exemptions could lead to adverse effects on wildlife, local ecosystems, and certain communities along the border. Moreover, advocates for comprehensive immigration reform may view this bill as a prioritization of physical barriers over more nuanced solutions to immigration policy, leading to potential debates about its efficacy in truly enhancing border security while addressing humanitarian concerns.
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.
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.)
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.