Legislation introduced by U.S. Sen. Jeff Flake (R-AZ) last week would fortify the southern border, allow undocumented immigrants brought into the country as children to pursue legal status and target violent gang members with enhanced immigration enforcement.
“President Trump, both parties in Congress and a majority of the nation all agree on the need for a stronger, more secure border; fair and permanent protections for DACA recipients; and the swift deportation of gang and cartel members who threaten our safety,” Flake said.
The bill, the Border Security and Deferred Action Recipient Relief Act, mirrors provisions outlined in two measures that previously cleared the House with bipartisan support: the Make America Secure and Prosperous Appropriations Act, H.R. 3219, and the Criminal Alien Gang Member Removal Act, H.R. 3697. Another provision in the bill parallels the Recognizing America’s Children Act, H.R. 1468, which was introduced by U.S. Rep. Carlos Curbelo (R-FL) and now has 34 bipartisan cosponsors in the House.
“I believe the straightforward approach of the Border Security and Deferred Action Recipient Relief Act is the best chance we’ve got to put a bill on the president’s desk,” Flake said in remarks on the Senate floor.
In addition to allocating $1.6 billion to border security, including fortifying 74 miles of the southern border, the measure would also enable Customs and Border Protection (CBP) to construct access roads along the border and to partner with local governments to maintain existing roads used by CBP agents.
“As an Arizonan, I am more than familiar with the need to take steps to increase border security,” Flake said. “In addition to the appropriate barriers that will aid in preventing illegal crossings, we need the access roads to actually get to the border. This bill addresses issues recently raised by the GAO with respect to border access roads and the use and maintenance of private roads by CBP.”
Also under the bill, undocumented immigrants brought into the United States as children prior to 2012 who received Deferred Action for Childhood Arrival (DACA) status could remain in the country on conditional resident status for up to 10 years if they pursue vocational or higher education, enlist in the military or remain gainfully employed. After that, they would be eligible to apply for a green card.
“With respect to those children brought here through no fault of their own, this bill takes a measure that has already earned bipartisan support in the House — the Recognizing America’s Children Act — that provides a solution for the DACA kids,” Flake said. “These young immigrants were brought here as children and simply don’t know any other country. For all intents and purposes, these young people consider themselves Americans.”
Flake’s bill also contains a provision that mirrors legislation introduced in the House by U.S. Rep. Barbara Comstock (R-VA) that calls for the deportation of members of violent gangs or cartels, such as MS-13. Currently, participation in gang or cartel activity is not considered a deportable offense. The measure is supported by the Trump administration.