Panel Approves Border Security Bill, Rejects Amendments Related to Human Trafficking

On November 17, after two days of debate, the House Homeland Security Committee approved, by voice vote, a bill (H.R. 4312) that would enhance international land and maritime border security.

Sponsored by Chair Peter King (R-NY), the Border Security and Terrorism Prevention Act would include provisions to increase technological surveillance capabilities and to hire and train additional border patrol agents. H.R. 4312 also would provide for the mandatory detention of aliens apprehended at or between U.S. ports of entry, but would allow certain exceptions for urgent humanitarian reasons. In addition, the measure would require the Department of Homeland Security (DHS) to ensure coordination of border security efforts among U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and U.S. Citizenship and Immigration Services. In particular, the agencies would share and coordinate intelligence concerning human trafficking, human smuggling, counterterrorism, border enforcement, and immigration.

During consideration of the bill, the committee approved, by voice vote, an amendment offered by Rep. Mike Rogers (D-AL) that would express the sense of Congress that the DHS should reach out to the private sector, including small, minority-owned, women-owned, and disadvantaged businesses, when pursuing cost-effective technology and resources for border security.

The committee rejected the following amendments:

• a substitute amendment by Ranking Member Bennie Thompson (D-MS) that would have increased penalties against persons convicted of human trafficking or human smuggling, 14-15;
• an amendment by Rep. Zoe Lofgren (D-CA) that would have required the DHS to conduct an individualized custody determination for each alien apprehended at a U.S. land or maritime border within 48 hours of arrest or detention. The amendment also would have required DHS agencies to provide legal orientation presentations to aliens within 24 hours of arrest or detention, by voice vote;
• an amendment by Rep. Lofgren that would have exempted trafficking victims, unaccompanied children, asylum seekers, and elderly aliens from the detention and removal proceedings contained in the bill, 12-16; and
• an amendment by Rep. Sheila Jackson Lee (D-TX) that would have exempted victims of severe trafficking from the detention and removal proceedings, 14-18.

The following amendments were ruled non-germane:

• an amendment by Rep. Lofgren that would have required humane detention treatment of vulnerable alien populations, including the elderly and unaccompanied minors. The amendment also would have prohibited minors from being housed with adults during detention, and would have ensured that they are treated appropriately; and
• an amendment by Rep. Loretta Sanchez (D-CA) that would have exempted refugees and certain asylum seekers from the detention and removal proceedings.

In addition, Rep. Katherine Harris (R-FL) offered, but withdrew, an amendment that would have required the DHS to outline and implement a plan to combat human trafficking and human smuggling at land and maritime borders.