H.R. 1915 — Stop the Cartels Act

This section directs the Director of National Intelligence, in coordination with the Chief of Intelligence of the Drug Enforcement Administration and the Assistant Secretary of State for Intelligence and Research, to submit to the appropriate congressional committees, not later than 60 days after the date of enactment, a report assessing activities of drug trafficking organizations in covered foreign countries. The report must include, at a minimum: (1) effects on the security and economic situation in such countries; (2) effects on migration from such countries to the United States-Mexico border; (3) a summary of relevant intelligence community activities relating to drug trafficking organizations in such countries and Mexico; (4) key methods and routes used by such organizations from such countries and Mexico to the United States; (5) intersections between such organizations, human traffickers and smugglers, and other organized criminal groups in such countries; and (6) illicit funds and financial transactions supporting such organizations and connected criminal enterprises in such countries. The report may be submitted in classified form but must include an unclassified summary, which shall be made publicly available.

This section directs the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis and the Assistant Secretary of State for Intelligence and Research, to submit to the appropriate congressional committees, not later than 60 days after enactment, a report assessing human trafficking and smuggling by individuals and organizations in covered foreign countries to the U.S.-Mexico border. The report must include, at a minimum, (1) the effect of such activities on security and economic conditions in those countries, (2) relevant intelligence community activities, (3) methods and routes used to reach the border, (4) intersections with drug trafficking organizations and other criminal groups, and (5) supporting illicit funds and financial transactions; the report may be classified but must include an unclassified summary that is made publicly available.

This section directs the Director of National Intelligence (DNI), in coordination with specified intelligence and homeland security officials, to conduct a comprehensive review of the intelligence community's collection priorities for covered foreign countries to assess their appropriateness and sufficiency against threats to U.S. and Western Hemisphere security from drug trafficking organizations, human traffickers, and human smugglers. It requires (1) an initial report to the congressional intelligence committees within 120 days of enactment detailing the review results and, if needed, actions to modify priorities; and (2) quarterly reports beginning 90 days after the initial report and every 90 days thereafter for five years on such priorities and activities, with the first quarterly report also specifying intelligence community expenditures on those efforts in FY2023 and FY2024. Reports may be submitted in classified form but must include an unclassified summary.

This section prohibits funds appropriated to the Department of State for combating drug trafficking, transnational organized crime, and money laundering, or to the United States Agency for International Development, from being made available to the Mexican federal government or its subsidiaries until the Secretary of State certifies to Congress that Mexico has removed all barriers to bilateral law enforcement cooperation and intelligence-sharing created after December 2020, including implementation of the Foreign Agents law and limits on issuing visas to U.S. law enforcement personnel.

This section directs the Secretary of State, in consultation with other relevant federal agencies, to submit to the appropriate congressional committees (1) not later than 60 days after enactment, a plan and timeline to reestablish regular bilateral security meetings between high-level and working-level U.S. and Mexican officials to align priorities, assess progress on cooperation, and identify areas for federal, state, and local collaboration aligned with U.S. assistance goals; and (2) not later than 90 days after enactment, along with the USAID Administrator, a comprehensive review of programs, projects, and activities under the Mérida Initiative (i.e., U.S.-Mexico partnership to combat organized crime, drug trafficking, and violence) or the Bicentennial Framework for Security, Public Health, and Safe Communities. The review must include evaluations or assessments, successes and challenges, lessons learned, recommendations on investment levels for specific projects, and an assessment of Mexico's Foreign Agents law on bilateral security cooperation with the Departments of State and Justice and USAID.

This section authorizes the Secretary to designate a foreign organization as a foreign Special Transnational Criminal Organization (STCO) if it (1) operates transnationally for power, influence, monetary, or commercial gain through illegal means protected by corruption, violence, or transnational structures and (2) threatens U.S. nationals or national security. For purposes of 18 U.S.C. 2339B—which prohibits providing material support or resources to a foreign terrorist organization, with penalties of fines, up to 20 years imprisonment, or life if death results—an STCO is treated as such an organization upon Federal Register publication seven days after classified congressional notification. The section further (1) directs the Secretary of the Treasury, upon notification, to block financial transactions involving the organization's U.S. assets; (2) requires an administrative record, allowing classified information; (3) makes designations effective until revoked by Congress, the Secretary, or judicial review; and (4) mandates STCO petition reviews for revocation beginning two years after designation (with Secretary determination within 180 days) and Secretary-initiated five-year reviews if no petition occurs.

This section requires the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection (CBP), to submit monthly reports to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs—not later than the fifteenth day of the second full month after enactment and the fifteenth day of each month thereafter—covering the prior month on migrant statistics, including: (1) total U.S. Border Patrol apprehensions; (2) total inadmissible aliens encountered by CBP's Office of Field Operations; (3) total migrants voluntarily returned to Mexico; (4) total migrants placed into expedited removal under INA §235(b)(1) (8 U.S.C. §1225(b)(1)); (5) total such migrants claiming credible fear under INA §235(b)(1)(A)(ii); (6) total such credible fear claimants receiving positive determinations; (7) total migrants detained by CBP; (8) total migrants whose detention CBP transferred to U.S. Immigration and Customs Enforcement (ICE); (9) total migrants paroled under INA §212(d)(5)(A) (8 U.S.C. §1182(d)(5)(A)); (10) total migrants released on bond under INA §236(a)(2)(A) (8 U.S.C. §1226(a)(2)(A)); (11) total migrants released on own recognizance under INA §236(a)(2)(B) or other INA provisions (8 U.S.C. §1226(a)(2)(B)); (12) total migrants released on conditional parole under INA §236(a)(2)(B); (13) total migrants released on any other grounds, with specifications; (14) total migrants issued a Notice to Appear; (15) total migrants issued a Notice to Report; (16) total migrants released to appear at an ICE Field Office; (17) total such released migrants who failed to appear; (18) total migrants released to check in at an ICE Field Office with appearance waived; (19) total migrants issued a Notice to Appear who failed to appear at an initial Master Calendar hearing; and (20) total such non-appearers ordered removed.

This section establishes definitions for terms used in the title, as follows: (1) appropriate congressional committees as the House Committees on Foreign Affairs and Homeland Security and Permanent Select Committee on Intelligence, and the Senate Committees on Foreign Relations, Homeland Security and Governmental Affairs, and Select Committee on Intelligence; (2) congressional intelligence committees as the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence; (3) covered foreign countries as 20 specified countries (Mexico, Guatemala, Honduras, Nicaragua, El Salvador, Costa Rica, Panama, Belize, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, and Venezuela); (4) human trafficking as having the meaning given "severe forms of trafficking in persons" in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102); and (5) intelligence community as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

This section prohibits states or units of local government determined by the Secretary of Homeland Security to be ineligible jurisdictions from receiving federal financial assistance, as defined in 31 U.S.C. 7501(a)(5), in the fiscal year following such determination. An ineligible jurisdiction is one that (1) violates 8 U.S.C. 1373 (i.e., prohibits or restricts government entities from communicating with or sharing information on individuals' citizenship or immigration status with federal immigration authorities); (2) restricts compliance with a detainer issued by the Secretary; or (3) has in effect any law or policy violating immigration laws. The Secretary must make and submit these annual determinations to Congress, beginning one year after enactment.

This section amends Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232)—which governs the treatment of unaccompanied alien children (UACs), defined as minors under age 18 without lawful parents or guardians in the United States—by adding subsections (j) and (k). Subsection (j) authorizes the Department of Homeland Security (DHS) to detain any alien minor (other than a UAC) who is inadmissible under INA §212(a) (8 U.S.C. 1182(a)) or removable under INA §237(a) (8 U.S.C. 1227(a)), pending removal proceedings regardless of prior UAC status, overriding any other law, judicial determination, consent decree, or settlement agreement; (1) directs the Attorney General to prioritize such cases or family units with a 100-day completion goal; (2) requires DHS to base detention or release decisions solely on specified INA provisions (i.e., §§212(d)(5), 217, 235, 236, and 241) and related regulations, excluding judicial decrees; (3) vests DHS with sole discretion to set detention conditions, without judicial review; (4) preempts state licensing requirements for family immigration detention facilities housing minors under age 18 with parents or guardians; and (5) directs DHS to ensure family residential facilities provide secure and safe conditions, including suitable living accommodations, drinking water, food, medical and mental health care, and other services for minors. Subsection (j)(3) clarifies that it does not affect bond or parole eligibility or constitutional claims in court; subsection (j)(6) authorizes necessary appropriations. Subsection (k) renders the 1997 Flores settlement agreement—which limits detention of minors and requires prompt release to the least restrictive setting, typically within 20 days—inapplicable to conduct previously subject to it, substituting restrictions under subsection (j) or the TVPRA; it further requires any new court settlement or consent decree on alien child detention conditions to comply with subsection (j). (Thus, the amendments enable prolonged family-unit detention to avoid separations required under prior Flores standards.)

This section revises credible fear standards during expedited removal proceedings under INA §235(b)(1)(B) (8 U.S.C. 1225(b)(1)(B)) and establishes new bars to asylum eligibility under INA §208(a)(2) (8 U.S.C. 1158(a)(2)). Specifically, it (1) redefines credible fear of persecution to require that it is more likely than not the alien would establish asylum eligibility under INA §208—based on known facts and only if the officer determines the alien's statements are more likely than not true—and bars credible fear for aliens ineligible for asylum (including under the new INA §208(a)(2)(F)); (2) requires immigration judge review of credible fear referrals, limited to asylum eligibility, withholding of removal, Convention Against Torture (CAT) protection, and discretionary asylum grants; (3) limits reasonable fear referrals (for aliens returning after removal) to withholding or CAT only, with no other relief; and (4) bars such referrals from full removal proceedings under INA §240. It further renders aliens ineligible for asylum if they (I) have a felony conviction, (II) are inadmissible under INA §212(a) (except for public charge, labor certification, or documentation reasons), (III) were previously removed, or (IV) are nationals or habitual residents of designated Central American countries with refugee processing centers or contiguous countries (other than Mexico), except for aliens present in the U.S. on the date of enactment. (As background, credible fear screenings allow certain arriving or recently entered aliens subject to expedited removal to seek full asylum merits hearings if they show a significant possibility of eligibility; these changes raise the standard, add verification requirements, and narrow subsequent relief options to deter fraud.)

This section directs the Attorney General to hire at least 500 additional immigration judges (compared to the number employed as of enactment) and a corresponding number of support staff. It further directs the Director of U.S. Immigration and Customs Enforcement (ICE) to hire additional attorneys and staff consistent with its workload staffing model to support the increased number of immigration judges. The section authorizes appropriations of such sums as necessary for these hirings, as well as for leasing, purchasing, or constructing facilities or equipment—including video teleconferencing, electronic filing systems, and transferred federally owned temporary housing units—located near alien apprehension and detention sites to accommodate the additional personnel and immigration court proceedings.

This section establishes refugee application and processing centers outside the United States by (1) defining the term to mean facilities designated by the Secretary of State under new INA §207(g), which may include U.S. embassies or consulates; (2) requiring the Secretary of State, in consultation with the Secretary of Homeland Security, to designate such centers not later than 240 days after enactment, including one center in Mexico and not fewer than three in Central America; (3) directing the Secretaries to ensure that nationals or habitual residents of countries with a center or contiguous thereto may apply for refugee status at a center in that country, with applications adjudicated by asylum officers and accorded priority if referred by an authorized nongovernmental organization within 90 days per Secretary of State procedures; (4) subjecting admissions to existing numerical limitations under INA §207; and (5) authorizing the Secretaries to charge fees pursuant to INA §286(m) and (n) and 31 U.S.C. §9701(b), based on deterring frivolous applications and covering processing costs including anti-fraud measures. (As background, INA §207 authorizes annual refugee admissions up to a presidentially determined ceiling following overseas vetting, typically at Resettlement Support Centers.) The amendments sunset three years and 240 days after enactment.

This section reauthorizes and increases the authorization of appropriations for block grants for the prevention and treatment of substance use disorders to $3,961,600,000 for each of FY2025 through 2029 (from $1,908,079,000 for each of FY2023 through 2027). (The Substance Abuse Prevention and Treatment Block Grant program provides formula grants to states and territories to support community-based services for prevention, treatment, and recovery from substance use disorders.)

This section repeals or terminates multiple substance use disorder and mental health programs as follows: (1) the Substance Abuse Treatment Programs of Regional and National Significance, which provides grants for innovative treatment models (42 U.S.C. 290bb-2); (2) the Drug-Free Communities Support Program, which funds community coalitions to reduce youth substance use (21 U.S.C. 1521 et seq.); (3) the Community Mental Health Services Block Grant, which allocates formula grants to states for community-based mental health services (42 U.S.C. 300x et seq.); (4) Grants for Jail Diversion Programs, which support alternatives to incarceration for individuals with mental illness or co-occurring disorders (42 U.S.C. 290bb-38); (5) under section 520A of the Public Health Service Act (42 U.S.C. 290bb-32), Project AWARE (i.e., mental health training and services in schools) and Certified Community Behavioral Health Clinics Expansion Grants (i.e., grants to expand clinics offering comprehensive behavioral health care), both to be terminated by the end of FY2025 with no successor programs; and (6) Priority Substance Use Disorder Prevention Needs of Regional and National Significance, which funds targeted prevention activities (42 U.S.C. 290bb-22).