LegiStorm

Summary:

Congress and the Administration are debating enhancing and expanding border barriers on the southwest border in the context of border security. The purpose of barriers on the U.S.-Mexico border has evolved over time. In the late 19th and early 20th centuries, fencing at the border was more for demarcation, or discouraging livestock from wandering over the border, rather than deterring smugglers or illegal migration. Physical barriers to deter migrants are a relatively new part of the border landscape, first being built in the 1990s in conjunction with counterdrug efforts. This phase of construction, extending into the 2000s, was largely driven by legislative initiatives. Specific authorization for border barriers was provided in 1996 in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), and again in 2006 in the Secure Fence Act. These authorities were superseded by legislation included in the Consolidated Appropriations Act, which rewrote key provisions of IIRIRA and replaced most of the Secure Fence Act. The result of these initiatives was construction of more than 650 miles of barriers along the nearly 2,000-mile border. A second phase of construction is marked by barrier construction being an explicit part of the White House agenda. On January 25, 2017, the Trump Administration issued Executive Order 13767, "Border Security and Immigration Enforcement Improvements." Section 2(a) of the E.O. indicates that it is the policy of the executive branch to "secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism." As debate over funding for, and construction of, a "border wall system" in this phase continues, putting border barrier funding in its historical context has been of interest to some in Congress. There has not been an authoritative compilation of data over time on the level of federal investment in border barriers. This is in part due to the evolving structure of the appropriations for agencies charged with protecting the border—account structures have shifted, initiatives have come and gone, and appropriations typically have not specified a precise level of funding for barriers as opposed to other technologies that secure the border. Funding was not specifically designated for border barrier construction until FY2006. The more than $3 billion in appropriations provided by Congress for border barrier planning and construction since the signing of the EO exceeds the amount provided for those purposes from FY2007-FY2016 by more than $618 million. Almost all of this funding has been provided for improvements to the existing barriers at the border; a portion of the funds are available for new construction. CBP announced on August 8, 2019, a contract award for building 11 miles of levee wall system (steel bollard on top of a concrete wall) in areas where no barriers currently exist in the Rio Grande Valley Sector. The Administration has taken steps to secure funding beyond the levels approved by Congress for border barriers, including transferring roughly $601 million from the Treasury Forfeiture Fund to CBP; using $2.5 billion in Department of Defense funds transferred to the Department's counterdrug programs to construct border barriers; and potentially reallocating up to $3.6 billion from other military construction projects using authorities under the declaration of a national emergency. This report provides an overview of the funding appropriated for border barriers, based on data from CBP and congressional documents, and a primer on the Trump Administration's efforts to enhance the funding for border barriers, with a brief discussion of the legislative and historical context of construction of barriers at the U.S-Mexico border. It concludes with a number of unanswered questions Congress may wish to explore as this debate continues. An appendix tracks barrier construction mileage on the U.S.-Mexico border by year.