The Senate’s Bipartisan Border Crisis Funding Package (H.R. 3401)

What is H.R. 3401?

(Updated January 15, 2021)

This bill was enacted on July 1, 2019

After House Democrats passed their version of a $4.5 billion border crisis funding package on a mostly party-line vote Tuesday night, it was taken up by the Senate failed on a 37-55 vote. The Senate then amended the bill with its own proposal to provide $4.59 billion in funding for the care of migrants and unaccompanied alien children (UACs) in detention centers, increase resources for immigration courts to speed up case processing times, and prevent the diversion of funds from other programs to cope with the influx of migrants. A detailed breakdown of the current bill’s provisions can be found below.

Homeland Security

Within the Dept. of Homeland Security (DHS), Customs and Border Protection (CBP) would receive the following:

• $793 million for establishing and operating migrant care and processing facilities to improve conditions at border stations and ports of entry.

• $112 million for migrant medical care and consumable goods such as clothing, baby formula, hygiene products, and other essential items.

• $110 million for travel & overtime costs for DHS staff supporting CBP’s mission.

• $50 million to improve immigration data systems and tools.

• $35 million for transportation of migrants between facilities.

• This section would also include provisions emphasizing CBP’s efforts to meet national standards within migrant processing facilities and CBP’s continued commitment to staffing along the Northern border.

Immigration and Customs Enforcement (ICE) would receive:

• $48 million for the transportation of unaccompanied alien children (UACs) and migrants among facilities.

• $45 million for detainee medical care.

• $70 million for travel, overtime costs, and pay adjustments for on-board DHS staff supporting ICE’s mission.

• $21 million for Homeland Security Investigations counter-human trafficking operations.

• $20 million for alternatives to detention.

• $5 million for background investigations and facilities inspections by the Office of Professional Responsibility.

The Federal Emergency Management Agency (FEMA) would receive $30 million to reimburse states, local governments, and non-governmental organizations for care of homeless migrants.

Other provisions of this section would:

• Stipulate that funding provided under this bill can only be used for the purpose it’s provided.

• Extend the authorization of a portion of DHS’ research & development authority.

• Prohibit the unilateral transfer of certain operations between certain DHS facilities.

• Eliminate certain paperwork that would otherwise be required for components of DHS to volunteer in assisting with the humanitarian crisis on the Southwest border.

• Require the Government Accountability Office (GAO) to produce a report on requirements related to immigration judges and asylum officers.

Health & Human Services

This section would provide $2.88 billion for the Dept. of Health & Human Services’ (HHS) Unaccompanied Alien Children (UAC) program to cope with a 60% increase in the number of UACs detained over the last year. It’d allow HHS to resume offering a full range of services for children in their care and prevent the diversion of funds from other programs.

It would also include the following provisions aimed at ensuring the safety and welfare of UACs in HHS custody:

• HHS would receive dedicated funding to expand its traditional state-licensed shelter capacity, post-release services to ensure children’s well-being, and the Office of Inspector General to expand its oversight of the UAC program.

• The prioritization of community-based residential care and licensed facilities over large facilities.

• Require HHS to provide guidance to shelter providers to ensure their awareness of current law requirements.

• Administration policies on background checks and information sharing would be codified into law.

• Influx shelters would only be used as a last resort, meet child welfare standards, and include frequent monitoring. A 15-day notification period would be required prior to opening an influx facility.

• Senators and members of Congress would have access to shelters for oversight purposes.

• HHS would be required to provide publicly available information on UACs who’ve been separated from a parent, including for child safety or welfare concerns.

Justice

This section would provide $65 million to the Executive Office for Immigration Review, which would facilitate 30 new immigration judge teams and fund the Legal Orientation Program to educate detainees about the immigration court process and thus expedite immigration court proceedings.

It would also provide $155 million to the U.S. Marshals Service for emergency expenditures related to the housing, transportation, and care of federal immigration detainees.

Defense

This section would provide $145 million to support multiple missions at the border, including the use of rotary-wing aviation support, strategic lift, medical assistance, mobile surveillance, command and control, and maintenance activities. Funds would go to the operation and maintenance accounts of the Army, Marine Corps, Air Force, and Army National Guard.

Argument in favor

Border security resources are overwhelmed because of the surge in apprehensions, which is creating a humanitarian crisis. This bipartisan bill would provide funding needed ensure detention facilities for unaccompanied children and migrant families are safe, secure, and not overcrowded while also speeding up immigration case processing to get them out of detention facilities sooner.

Argument opposed

This bill is too narrowly focused on providing resources to address the border crisis. It should include broader, partisan changes to immigration policy even at the cost of bipartisan support for the bill and damaging its chance to become law. The bill should eliminate detention centers and ICE altogether. Alternatively, it should include funding to build a border wall.

Impact

Detained migrants; immigration courts; DOJ; HHS; DOD; and DHS.

Cost of H.R. 3401

The CBO estimates that enacting this bill would cost $4.586 billion in FY2019.

Additional Info

In-Depth: Senate Appropriations Committee Chairman Richard Shelby (R-AL) introduced this bill to provide emergency resources for humanitarian assistance and security at the Southern border:

“This package does not include everything I wanted. It does not include everything Vice Chairman Leahy wanted. But most importantly, it does not include poison pills from either party… In addition, I ask my colleagues to refrain from offering any amendments that pertain to broader immigration policy. The appropriate venue for such amendments is the authorizing committee… So I urge my colleagues interested in broader immigration policy to discuss their ideas with Chairman Graham and Ranking Member Feinstein. By adhering to this framework I believe that we will be able to move forward together with a strong bipartisan vote here today. Our border security professionals and the children and families in their care cannot afford further delay, and I am hopeful that a strong bipartisan vote will provide the momentum needed to assist our folks on the front lines.”

The Senate Appropriations Committee passed this bill on a bipartisan vote of 30-1. The lone no vote came from Sen. Jeff Merkley (D-OR) who wanted the  settlement, which governs the detention of minor children, to be applied to temporary influx facilities.

Of Note: May 2019 marked the highest monthly total of apprehensions at the U.S.-Mexico border since 2006, the majority of whom came in as family units or as unaccompanied minors.

Media:

• Senate Appropriations Committee Press Release
  
• Senate Appropriations Committee Summary
  
• CBO Cost Estimate
  
• Roll Call
  
• Countable (Context)
  
• Countable (Differences between House & Senate bills)

• Countable (House version of the bill)