Summary of Amendments to S.744 Approved By the Senate Immigration Subcommittee on May 9, 2013
By Greg Siskind
New Section 1117. DHS may not impose a border crossing fee at the Southern or Northern border or
conduct a study relating to the imposition of such a fee.
Adds the Senate Judiciary Committee and the House Judiciary Committee to the list of bodies that need
to get copied on the Comprehensive Southern Border Security Strategy and reports on the strategy
required in Section 5.
Section 1115 amended to add Senate Judiciary Committee and the House Judiciary Committee to copy
list for DHS report on effectiveness of border security measures and DOD report on interagency
cooperation in various border security operations.
Bar on USCIS e-filing mandate is amended to say that DHS would need to notify the House and Senate
Judiciary Committees rather than Homeland Security Committees if they went ahead with a mandate.
Change Section 4311 to specifiy report on Blanket L visa process go to Judiciary Committees of Senate
Amends Section 6 of the preliminary section. Requires an annual audit of the Comprehensive
Immigration Reform Trust Fund provided for in this section. The audit is to be conducted jointly by the
Chief Financial Officer of DHS and the Inspector General of DHS. The audit must be submitted to
Congress and made available to the public.
Amends Section 1114. Expands Ombudsman authority by allowing the agency go provide assistance to
victims of crimes committed by aliens or violence near the US border.
Creates a new Section 1117 titled “Human Trafficking Report” and provides for data on human
trafficking crimes to be included in the FBI’s Uniform Crime Report.
Amends Section 1113 by including private land owners on the DHS Border Oversight Task
Amends Section 5 of the preliminary section of the bill. It requires the Comptroller General of
the US to conduct an annual review of the reports required by the Southern Border Security
Amends Section 1113 by requiring within 90 days of enactment of the bill that DHS establish
standards to ensure that children in CBP custody are afforded adequate health care, nutrition,
clothing, bedding, hygiene and access to phone calls to family members.
Amends Section 1104 by creating a competitive grant program to allocate funds to law
enforcement agencies for Operation Stonegarden for illegal immigration and drug smuggling
prosecutions in the Southwest Border Region.
Amends Section 1106 by providing for CBP to acquire and deploy watercraft and other
equipment related to maritime border-related anti-crime activities.
Replaces Section 1114 regarding the Ombudsman. Requires the Ombudsman have a background
in immigration law as well as civil and human rights law.
Lists functions of the Ombudsman:
- Deal with complaints regarding DHS
- Conduct inspections of facilities in the immigration system
- Identify areas where individuals and employers have problems dealing with DHS
- To determine if an individual or employer is suffering or about to suffer a threat as a
result of the way immigration laws are administered and to intervene as necessary.
- To propose changes in administrative practices at DHS to address problems
- To make recommendations regarding immigration and enforcement policies at CBP, ICE
- To monitor the compliance of CBP, ICE and ICE with law, regulations and policy.
The Ombudsman shall have the authority to request the Inspector General of DHS to conduct
inspections, investigations and audits.
CBP, ICE and USCIS shall establish procedures to provide formal responses to
recommendations submitted by the Ombudsman.
The Ombudsman shall provide an annual report to the Judiciary Committees of the Senate and
The amendment makes numerous changes to the allocations of funding to carry out the
provisions of the bill. Moves funding forward to help initiate programs called for in the bill
including border security, mandatory e-Verify and the entry-exit system.
Triggers on border security expanded to all border sectors, not just “high risk” sectors.
Adds a new Section 9 to the bill’s preliminary section entitled “Grant Accountability”. The new
section start by defining the following terms:
- Awarding entities
- Nonprofit organization
- Unresolved audit finding
DHS’ Inspector General or the National Science Foundation Inspector General shall conduct
audits of grant recipients under the bill to prevent fraud, abuse and waste by grantees. Grant
recipients found to have an unresolved auditing finding are barred from grant funds for two fiscal
years beginning in the year after the end of the fiscal year. And priority is given to grant
applicants that have not had unresolved audit findings in the three years before submitting an
application for a grant.
Nonprofits with funds in offshore accounts for the purpose of availing tax are barred from grants.
Nonprofits are required to disclose the process for determining compensation of its officers,
directors, trustees and keep employees.
There is a limit of $25,000 that can be used from grant funds to pay for conferences unless DHS
or the NSF provide prior written authorization.
The auditors are required to report annually to Congress on their work.
Amends Section 1108 and expands the provision providing for the reimbursement of state and
local law enforcement officials for prosecution and pre-trial detention. It would now reimburse
for “prosecution, pre-trial services and detention, clerical support, and public defenders’ services
associated with the prosecution.”
This provision would also amend Section 108 by barring the reimbursement of state and local
governments if there is reason to believe that the individual’s underlying apprehension arose
from unlawful conduct by a law enforcement official.
Adds a new Section 1115 entitled “Protection of Family Values in Apprehension”.
Defines the following terms:
- apprehended individual
- cooperating entity
- migration deterrence program
DHS and cooperating entities shall for each apprehended individual as soon as practicable after
an individual is apprehended inquire as to whether the person is a parent, legal guardian or
primary caregiver of a child or traveling with a spouse or child and ascertain whether repatriation
of the apprehended individual present any humanitarian concern related to the individual’s
physical safety. DHS shall ensure that with respect to a decision related to the repatriation or
referral for prosecution of the apprehended individual, due consideration is given to the best
interest of the child, to family unity and other public interest factors including humanitarian
concerns related to the apprehended individual’s physical safety.
Requires DHS to develop and provide training on this subject.
DHS has to report to Congress within a year on the impact of migration deterrence programs on
parents, guardians, primary caregivers of a child, individuals traveling with a spouse or child and
individuals who present humanitarian concerns related to the apprehended individual’s physical
Rules will be implemented within 120 days of the enactment of the passage of the bill.
Replaces Section 1110 and inserts a new language providing for federal payments to state and
local law enforcement agencies based on charges of the people arrested as opposed to the
convictions obtained (which is what is in the first version of the bill).
Provides for a new grant program to be added to Section 1104 that allows DHS and the Secretary
of Transportation, in consultation with the governors of on the Southern and Northern borders, to
provide grants to construct transportation and supporting infrastructure improvements at existing
and new international border crossings necessary to facilitate safe, securte and efficient corss
border movement of people, motor vehicles and cars.
Section 3(a) of the preliminary section of the bill is amended to redefine “Southern Border
Fencing Strategy” by expanding it to include infrastructure and technology, including at ports of
entry. Right now the fencing strategy only discusses fencing.
Regarding the provision waiving the legal requirements for making improvements at the border,
the requirement that DHS provide a notice in the Federal Register is expanded to require DHS to
provide an explanation for the determination. Also the waiver in this section expires when DHS
certifies that the fencing strategy is substantially completed.
Section 5(b) of the preliminary section is amended to require DHS to consult with the Secretary
of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and
property owners in the US to minimize the impact on the environment, culture, commerce and
quality of life for the communities near the fencing.
Section 6(a)(3)(A) of the preliminary section is modified to allow the allocated money for
fencing to be spent on infrastructure and technology along with fencing.
Includes a new Section 1117 entitled “Rule of Construction” stating that nothing may be
construed to authorize the deployment, procurement or construction of fencing along the
Section 1104 is amended to add a section to provide 8 new federal district judges in the four
Southwest Border states.
Feinstein 11 – Substitute for withdrawn amendment. Puts a limit on drone usage in border area.
Amends Section 1105 to bar US Border Patrol from operating unarmed, unmanned aerial
vehicles in the San Diego and El Centro Sectors except within 3 miles of the Southern border.
This doesn’t apply to maritime operations of CBP.
At the end of Title I, a new Section 1117 is added entitled “Limitations on Dangerous
Within a year and every 180 days thereafter, DHS must submit written certification to Congress
that DHS has only deported or removed migrants through an entry or exit point on the Southern
border during daylight hours. Exceptions are provided if there is a compelling government
interest, there is an applicable local arrangement for repatriating Mexican nationals or the
migrant is not an unaccompanied minor and the migrant is deported through the same point as
the place where the person was apprehended or the person agrees to be deported in such manner
after being notified of the intended manner of deportation or removal.
Requires DHS to submit a study within a year of the Alien Transfer Exit Program.
Requires the return on nonperishable belongings to the migrant that are confiscated before
repatriation to the extent practicable.
Amends Section 1102. Would permanently fund the advertising fund created to promote US
tourism in the Travel Promotion Act of 2009.
Amends Section 2302.Clarifies that the merit-based point system tracks will not be subject to per
In section 2303, allows recapture of all unused green cards through date of enactment (prior
version said through 2013 fiscal year).
Amends Section 4707 to only require $500 fee for J-1s in summer work travel programs (as
opposed to all J-1s). The fees must be paid by the program sponsor and cannot be passed on to
Amends Section 4221. Adds dedicated toll free number and
Would add new information to list of information to include in advertising of jobs as required in
section 4211. Employers would need to list the title and description of the position, including the
location where the work will be performed and the name, city and zip code of the employer.
Hatch 9 –
Replaces Section 4104 with new section STEM Education and Training.
Creates a $1000 fee labor certifications in permanent residency cases.
Creates a low income STEM scholarship program under the NSF with funds from the H-1B
account. Also to assist with loan forgiveness for low income students who go in to STEM fields.
Will also support k-12 STEM education. which will go to a STEM Education and Training
Account. The fund will be used for federal STEM education programs. 70% of fund will go to