Border Security: Immigration Issues in the 108th Congress (CRS Report for Congress)
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| Release Date |
Revised March 22, 2005 |
| Report Number |
RL31727 |
| Report Type |
Report |
| Authors |
Lisa M. Seghetti, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
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Summary:
Enhancing border security has emerged as a significant policy issue after the September 11, 2001
terrorist attacks. Prior to the terrorist attacks, the priorities for border security policy were beginning
to shift from immigration-related issues to issues related to facilitating legitimate cross-border
commerce. Several bills have been introduced in the 108th Congress ( S. 539 / H.R. 1096 and S. 6 ) that would authorize funding for increased
personnel and technological improvements. S. 539 / H.R. 1096 would
require ongoing training for immigration personnel on how to use the new technology, an update of
a port infrastructure assessment study, and demonstration projects on new technology at ports of
entry, among other things. Another piece of legislation ( H.R. 853 ) would establish a
northern border coordinator within the Directorate of Border and Transportation Security in the
Department of Homeland Security (DHS), among other things. The northern border coordinator
would serve as a liaison to the Canadian government on border security-related issues.
Although the 107th Congress enacted several pieces of legislation that dealt with enhancing
immigration-related border security, legislation to strengthen the nation's borders had been
enacted
as early as the 104th Congress. The Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (IIRIRA; P.L. 104-208 ) contained several immigration-related border security provisions
that addressed illegal immigration and the smuggling of humans into the United States through the
southwest border. IIRIRA also contained a provision that required the electronic tracking of every
alien arriving in and departing from the United States. The deadline for implementing the electronic
tracking system, commonly referred to as the entry and exit data system, was moved back in
subsequent legislation. The terrorist attacks of September 11, 2001, however, prompted Congress
to speed up implementation of the entry and exit data system as well as enact new provisions aimed
at enhancing border security.
In the months following the terrorist attacks, Congress passed several pieces of legislation
intended to enhance border security such as the USA PATRIOT Act ( P.L. 107-56 ) and the Enhanced
Border Security and Visa Entry Reform Act of 2002 ( P.L. 107-173 ). In addition to legislation aimed
at enhancing border security, the 107th Congress also enacted legislation that created a department
specifically for securing the homeland. The Homeland Security Act of 2002 ( P.L. 107-296 )
consolidates several agencies responsible for border security, including the Immigration and
Naturalization Service (INS) enforcement functions, into a new DHS.
This report provides background information on the main immigration-related border security
issues that have been raised as a result of the terrorist attacks and resulting concern for homeland
security. It describes enacted legislation in the 107th Congress as well as in previous Congresses
that
focus on immigration-related border security issues. The report also poses possible
immigration-related border security issues the 108th Congress may consider. This report will be
updated to reflect any additional related legislation in the 108th Congress, as well as implementation
issues.
