Border Act

Border Act of 2024

The bill expands Department of Homeland Security (DHS) authority to address the processing of non-U.S. nationals (aliens under federal law) and provides supplemental appropriations for related purposes.

Among other provisions, the bill provides DHS emergency authority to summarily remove or prohibit the entry of certain non-U.S. nationals within 100 miles of the southwest land border. DHS may exercise this authority if DHS encounters an average of 4,000 non-U.S. nationals within a seven-day period. If the number of encounters reach certain higher thresholds, DHS must exercise the emergency authority. This emergency border authority expires after three years and may be modified by the President under specified circumstances.

Next, the bill establishes an expedited process that authorizes asylum officers to adjudicate certain asylum claims. Among other provisions, these provisional noncustodial removal proceedings impose certain target timelines for determining asylum claims and limit review of denied claims. The bill also establishes a stricter threshold for individuals to remain in the United States pending adjudication of an asylum petition.

The bill extends and establishes immigration pathways for Afghan citizens or nationals, including by (1) making certain individuals admitted or paroled to the United States eligible for conditional permanent resident status, and (2) expanding eligibility for special immigrant visas for certain individuals who were injured while supporting the U.S. mission in Afghanistan.

The bill also increases base pay for asylum officers and grants DHS temporary direct hire authority to hire personnel to implement the bill.