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118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-482
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POLICE OUR BORDER ACT
_______
May 6, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Jordan, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 8146]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 8146) to require a report by the Attorney General on
the impact the border crisis is having on law enforcement at
the Federal, State, local, and Tribal level, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 7
New Budget Authority and Tax Expenditures........................ 7
Congressional Budget Office Cost Estimate........................ 7
Committee Estimate of Budgetary Effects.......................... 7
Duplication of Federal Programs.................................. 7
Performance Goals and Objectives................................. 7
Advisory on Earmarks............................................. 8
Federal Mandates Statement....................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis...................................... 8
Dissenting Views................................................. 8
The amendment is as follows:
Strike all that follows after the enacting clause and insert
the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Our Border Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Our Federal, State, local, and Tribal law enforcement
officers put their lives on the line each day in order to
protect our country and serve their communities.
(2) According to the National Law Enforcement Officer
Memorial Fund, 136 law enforcement officers died in the line-
of-duty in 2023.
(3) Congress should do everything in its power to support law
enforcement officers at every level and in every part of our
nation.
(4) The southwest border crisis created by the Biden
Administration has made every state a border state.
(5) The Biden border crisis has placed a burden on law
enforcement agencies across the nation and has placed a
significant strain on the resources that are critical to
keeping communities safe.
(6) Law enforcement officers in every state are put in life-
threatening scenarios as a direct result of the open borders.
(7) Law enforcement has been forced to deal with the influx
of fentanyl and many officers are exposed to the drug while on
duty.
(8) It is in the best interest of law enforcement officers
and the communities they serve for Congress to pass, and the
President to sign into law, strong border security legislation.
SEC. 3. REPORT.
Not later than 180 days after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on the impact the
Biden border crisis is having on law enforcement officers at the
Federal, State, local, and Tribal level, including--
(1) the estimated dollar amount of all resources devoted to
addressing the Biden border crisis, and the extent to which
such resources are not available to law enforcement agencies;
(2) the exposure of law enforcement officers to fentanyl
resulting from encounters with illegal aliens at the border and
in the United States;
(3) injuries to law enforcement officers based on a
connection to the Biden border crisis or exposure to fentanyl;
and
(4) the morale of law enforcement officers.
Purpose and Summary
H.R. 8146, the Police our Borders Act, introduced by Rep.
Anthony D'Esposito (R-NY), would require the Attorney General
to report to Congress on how the border crisis affects law
enforcement at various levels. The report must detail the
financial and operational burdens imposed on law enforcement by
the crisis, the exposure of officers to dangers like fentanyl,
injuries incurred, and overall impact on law enforcement
morale.
Background and Need for the Legislation
The Biden Administration has released more than 4 million
illegal aliens into the United States in just three years,\1\
and many are permitted to remain in the country even after they
have committed a crime.\2\ Instead of deterring illegal
immigration and ensuring that illegal aliens are quickly
removed from the United States, President Biden and Secretary
Mayorkas are making it more difficult for immigration officers
to arrest and deport criminals.\3\
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\1\ See H. Comm. on the Judiciary, Rep. on The Biden Border Crisis:
How the Biden Admin. Opened the Sw. Border and Abandoned Interior
Immigr. Enf't at App'x 1 (Oct. 9, 2023) (``DHS released at least
2,148,738 illegal aliens into the United States'' through March 2023)
[hereinafter Oct. Interim Staff Rep.]; U.S. Customs and Border Prot.,
Custody and Transfer Statistics FY 2023, U.S. Dep't of Homeland Sec.
(reporting that, between April 2023 and September 2023, 688,869 illegal
aliens were released by with a notice to appear or paroled); U.S.
Customs and Border Prot., Custody and Transfer Statistics FY 2024, U.S.
Dep't of Homeland Sec. (reporting that in FY 2024 thus far, 581,710
illegal aliens were released by with a notice to appear or paroled);
Camilo Montoya-Galvez, Biden administration has admitted more than 1
million migrants into U.S. under parole policy Congress is considering
restricting, CBS News (Jan. 22, 2024), https://www.cbsnews.com/news/
immigration-parole-biden-administration-1-
million-migrants/ (reporting that at least 596,600 aliens have been
paroled into the United States under illegal categorical parole
programs); Off. of Refugee Resettlement, Unaccompanied Children
Released to Sponsors by State, U.S. Dep't of Health and Human Servs.
(last accessed Feb. 8, 2024) (reporting at least 274,843 UACs released
to sponsors in FY 2022 through FY 2024 thus far). Under the Biden
Administration, at least 4,290,760 illegal aliens have been released
into the United States, not including at least 175,320 illegal aliens
encountered by CBP along the southwest border since April 2023 and
transferred to ICE, many of whom have likely been subsequently
released.
\2\Id. at 11-17.
\3\Id. at 14-16.
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The numbers speak for themselves: well over half a million
criminal aliens are on the non-detained docket maintained by
Enforcement and Removal Operations (ERO) within U.S.
Immigration and Customs Enforcement, meaning that aliens with
criminal convictions or pending criminal charges are out on
American streets and ``free to reoffend.''\4\ Moreover, ``in
fiscal year 2023, ERO removed 41 percent fewer aliens with
criminal convictions and criminal charges than in fiscal year
2020--and nearly 60 percent fewer than in fiscal year
2019.''\5\ The lack of interior immigration enforcement begins
with far fewer arrests of criminal aliens.
---------------------------------------------------------------------------
\4\See H. Comm. on the Judiciary, Interim Staff Rep., New Data
Reveal Worsening Magnitude of the Biden Border Crisis and Lack of
Interior Immigr. Enf't, at 9 (Jan. 18, 2024), https://
judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/
files/evo-media-document/2024-01-18-new-data-reveal-worsening-
magnitude-of-the-biden-border-crisis-and-lack-of-interior-immigration-
enforcement.pdf?_gl=1*um0tzz*_ga*MTEwNTc 0NDU4Ni 4xNjc1OD
Y1NjU0*_ga_1818ZE QW81*MTcwN zQxNDIxNS4x My4xLjE3MDc0 MTU2NzQuMC 4wLjA
[hereinafter Jan. Interim Staff Rep.].
\5\Id.
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The surge in encounters at the southwest border is
precipitating a complex array of criminal issues in communities
across the entire United States.\6\ Local law enforcement is
grappling with the repercussions of large-scale human
trafficking, human smuggling, and complex narcotics operations
predominately operated by dangerous criminal cartels.\7\ As
county sheriffs and local police departments face budget cuts
amid rising crime, they are now forced to deal with crimes
implicating national security.\8\ With the influx of deadly
drugs like fentanyl throughout the country, coupled with an
increase in human trafficking and gang activity, cartels are
now operating in all 50 states.\9\
---------------------------------------------------------------------------
\6\Paul Goldenberg & Michael Gips, How the southern border crisis
impacts law enforcement nationwide, Police 1 (last visited Apr. 25,
2024) https://www.police1.com/border-patrol/articles/how-the-southern-
border-crisis-impacts-law-enforcement-nationwide-Owd7fqJ3YQO8lxH5/.
\7\Id.
\8\Id.
\9\Id.
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The Police Our Borders Act would direct the Attorney
General to report to Congress on the border crisis's impact on
the nation's law enforcement. The report would evaluate how
funds allocated by law enforcement agencies to manage the
border and immigration crisis detract from other important law
enforcement responsibilities. Additionally, it would document
officer safety concerns, such as fentanyl exposure linked to
increased cross-border movement and drug trafficking. Lastly,
the report would examine the overall burden of the border
crisis on law enforcement capabilities, highlighting the need
to secure the border and improve public safety.
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearings were used to develop H.R. 8146: ``The
Consequences of Criminal Aliens on U.S. Communities,'' a
hearing held on July 13, 2023, before the Subcommittee on
Immigration, Integrity, and Enhancement of the Committee on the
Judiciary. The Subcommittee heard testimony from the following
witnesses:
Donald Rosenberg, Founder, Advocates for
Victims of Illegal Alien Crime;
Bradley Schoenleben, Senior Deputy District
Attorney, Orange County, California District Attorney's
Office;
John Fabbricatore, former Field Office
Director, U.S. Immigration and Customs Enforcement,
Enforcement and Removal Operations; and
Ramon Batista, Chief of Police, Santa Monica
Police Department.
The hearing examined sanctuary cities that shield illegal
aliens at the expense of American taxpayers and the Biden
Administration's lax policies that allow criminal aliens to
remain in the U. S. indefinitely. The hearing also examined how
drug cartels and gangs exploit radical open-border policies and
U.S. immigration law to terrorize communities, harm Americans,
and burglarize homes and businesses across the country.
The Subcommittee on Immigration, Integrity, Security, and
Enhancement of the Committee on the Judiciary also held a
hearing titled ``The Impact of Illegal Immigration on Social
Services,'' on January 11, 2024. The Subcommittee heard
testimony from the following witnesses:
Manuel Mello III, Fire Department Chief,
Eagle Pass, Texas;
Danyela Souza, Vice President, Community
Education Council for New York School District 2;
Steven Camarota, Director of Research,
Center for Immigration Studies; and
Gregory Chen, Senior Director of Government
Relations, American Immigration Lawyers Association.
The hearing examined how the Biden border crisis overwhelms
American communities' schools, hospitals, emergency services,
law enforcement, and other social services at the expense of
American citizens and lawful residents.
Committee Consideration
On May 1, 2024, the Committee met in open session and
ordered the bill, H.R. 8146, favorably reported with an
amendment in the nature of a substitute, by a recorded vote of
14 ayes to 10 nays, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following recorded votes occurred during consideration of H.R.
8146:
1. Vote on Amendment #1, as amended, to the H.R. 8146 ANS,
offered by Mr. Correa--failed 10 ayes to 12 nays.
2. Vote on favorably reporting H.R. 8146, as amended--
passed 14 ayes to 10 nays.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to the requirements of clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 8146 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 8146 will require the Attorney General to
report to Congress on how the border crisis affects law
enforcement at various levels.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 8146
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House Rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Sec. 1. Short Title: The ``Police Our Borders Act.''
Sec. 2. Findings: This section outlines the factual basis
necessitating the report required by section three. It
emphasizes the daily risks law enforcement officers face across
various jurisdictions, including local, state, federal, and
tribal levels. This section also highlights the exacerbated
challenges posed by the border crisis, such as increased
dangers from illegal activities and drug exposure, particularly
fentanyl. It stresses the need to secure the border to support
law enforcement effectively and maintain community safety.
Sec. 3. Report: This section requires the Attorney General
to report to Congress on the impact of the border crisis on law
enforcement. The report will include financial assessments, the
effects of encounters with illegal aliens, and other relevant
issues like officer morale and injuries to law enforcement.
This requirement ensures Congress has the information necessary
to address the challenges posed by the border crisis.
Dissenting Views
The ``Police Our Border Act'' appears to be a reporting
bill that simply requires the Attorney General to submit a
report to Congress on the impact the number of migrants coming
to the border is having on law enforcement officers at the
Federal, State, local, and Tribal level. Upon closer
inspection, however, this bill seeks to codify Republican
attacks on the President's immigration policies and the
fearmongering and demonization of immigrants.
For example, the bill uses highly charged language
requiring the Attorney General to submit a report to Congress
on the impact the so-called ``Biden border crisis'' is having
on law enforcement officers at the Federal, State, local, and
Tribal level. Additionally, the report must include information
on the ``exposure of law enforcement officers to fentanyl as a
result of encounters with illegal aliens.'' Both of these
reporting requirements contain politically motivated rhetoric.
Neither is based on fact.
At markup, Representative Lou Correa (D-CA) offered an
amendment that would add Customs and Border Protection (CBP)
data about fentanyl interdictions to the findings section of
the bill. Specifically, the amendment would have updated the
findings section of the bill to reflect CBP data that, contrary
to Republican claims that undocumented immigrants entering the
country between ports of entry are responsible for the majority
of fentanyl trafficked into the country, 89 percent of the
fentanyl interdicted coming into the United States is brought
through legal ports of entry. The amendment was defeated
despite bipartisan support.
As an indication of how unserious this legislation is, it
includes a finding that ``It is in the best interest of law
enforcement officers and the communities they serve for
Congress to pass, and the President to sign into law, strong
border security legislation.'' This finding ignores the fact
that it was House Republicans, at Donald Trump's direction, who
walked away from border security legislation negotiated by one
of the most conservative members of the Senate because they
wanted to preserve immigration as a political issue for the
upcoming elections rather than work towards a bipartisan
solution to our broken immigration system.
In addition, the bill asks the Attorney General to report
on the resources devoted to addressing the border and the
resources that are ``not available to law enforcement
agencies.'' However, at every turn, it has been Republicans who
have voted against giving DHS the resources it needs to do its
job. This includes opposing the bipartisan infrastructure deal,
which provided additional funding to modernize ports of entry
and allow for nonintrusive inspections to combat the smuggling
of people and drugs; opposing appropriations bills that would
provide robust funding for CBP and border security operations;
and refusing to take up President Biden's supplemental
appropriations request to provide vital funds for more
immigration judges and asylum officers to speed up processing
of asylum claims, as well as funds for additional personnel at
ports of entry and technology to stop drugs from coming into
the country.
This bill is also very poorly drafted. For example, despite
the fact that the entire bill is focused on reporting
requirements related to the ``Biden border crisis,'' this term
is not defined in the legislation. The failure to define this
key term provides little guidance to the Attorney General on
the required report, not to mention the fact that the Secretary
of Homeland Security would almost certainly be much better
situated to assess issues related to border security, but this
inattention to detail is further evidence that this bill is
more about messaging than congressional oversight of the
executive branch.
Although I am generally supportive of genuine attempts to
acquire additional information from the Executive Branch as
part of Congress's oversight functions, this legislation is
nothing more than a Republican messaging vehicle that follows
similar recent efforts by Republicans to fearmonger and
demagogue on the issue of immigration while doing nothing to
actually work towards a solution.
For these reasons, I dissent, and I urge all of my
colleagues to oppose this legislation.
Jerrold Nadler,
Ranking Member.
