S. 3997 — Homeland Security Improvement Act

This section establishes an independent Department of Homeland Security Border Oversight Commission composed of 30 members appointed by congressional leaders in consultation with the President, including 13 members from northern border states forming a northern border subcommittee and 17 from southern border states forming a southern border subcommittee. Subcommittees include designated representatives from local government (2 northern/3 southern), local law enforcement (2/3), civil rights advocates (2/3), business (1/2), higher education (1/1), faith communities (1/1), U.S. Border Patrol officers or agents including at least one from the National Border Patrol Council (2/2), and tribal officials (2/2); all members and the Chair and Vice Chair (elected by majority vote of at least 16 members) serve 4-year terms, with initial appointments due within 180 days of enactment. The Commission meets semiannually and subcommittees quarterly; duties include (1) developing recommendations for border enforcement policies, strategies, and programs considering impacts on border communities; (2) evaluating federal agency policies along U.S. borders to protect due process, civil and human rights of residents and visitors, private property rights, reduce migrant deaths, and improve safety for Customs and Border Protection and Immigration and Customs Enforcement personnel; (3) recommending improvements for agent and officer field safety; and (4) evaluating and establishing training courses on management, leadership, workforce development, and post-Federal Law Enforcement Training Center safety training. Subcommittees submit annual public reports to the Commission, members receive no federal pay, and the Commission may hold hearings, take testimony, and administer oaths.

This section establishes in the Department of Homeland Security (DHS) the position of Ombudsman for Border and Immigration-Related Concerns, appointed by the Secretary with a background in immigration or civil liberties law or law enforcement, reporting directly to the Secretary with organizational independence and sufficient staffing. The Ombudsman must (1) establish a confidential process to receive, investigate, resolve, and redress complaints from individuals, associations, and employers regarding DHS border security and immigration activities, including through immigration relief or monetary damages; (2) conduct inspections of facilities used by U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS); (3) assist victims of crimes by noncitizens or DHS use of force; (4) identify interaction concerns and propose administrative changes; (5) review enforcement activities and make recommendations; (6) establish a uniform complaint process against CBP and ICE personnel for professional conduct violations that requires independent review within one year, written confirmations and summaries within specified timelines (60 days for receipt, 30 days post-investigation), multilingual online filing with supporting evidence, postings at ports of entry and checkpoints, referrals to other DHS offices, a public national database, and preserved public records protecting complainant identities; and (7) create an online detainee locator system for CBP custody. Additionally, the Ombudsman must monitor and appoint local offices; evaluate and discipline office personnel; recommend actions against violating contractors; refer employee violations to the DHS Inspector General; and provide complainants with outcome summaries including findings, recommendations, and redress. Any interested party, including legal representatives, may file complaints.

This section requires the Secretary of Homeland Security to establish policies and guidelines ensuring all U.S. Customs and Border Protection (CBP) agents and officers receive minimum initial training of 19 weeks for Office of Field Operations employees and 23 weeks for Border Patrol employees—aligned with Federal Law Enforcement Training Center (FLETC) curriculum and directly related to agency missions prior to initial assignment—and 8 hours of annual training and continuing education thereafter, all conducted by Department of Homeland Security (DHS) Office of General Counsel attorneys experienced in the Fourth Amendment and use of force. The section further requires DHS policies governing FLETC training and continuing education for CBP and U.S. Immigration and Customs Enforcement (ICE) agents and officers on border awareness, accountability, and oversight, including courses on (1) community relations (e.g., policing best practices, grievance responses); (2) interdiction (e.g., command language, use of force, non-lethal training, urban/rural safety); (3) vulnerable populations (e.g., children, trafficking victims); (4) cultural and societal issues (e.g., immigrant diversity, asylum ethics, privacy); and (5) professional conduct standards (e.g., de-escalation, civil rights). In addition, the section requires (1) supervisory training for CBP and ICE managers on leadership, use of force refreshers, and issue mitigation; (2) an annual review process evaluating port supervisors' and managers' conduct and staff development; and (3) annual continuing education for all required trainees on federal legal rulings, DHS policies, civil/constitutional rights protection, chain of evidence, and enforcement authority scope.

This section directs the Secretary of Homeland Security to submit to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Homeland Security, not later than 180 days after enactment, a report assessing standards and guidelines for managing Department of Homeland Security (DHS) ports of entry, including (1) staffing levels and additional staffing needs; (2) rules governing actions of U.S. Customs and Border Protection (CBP) Office of Field Operations officers; (3) average transit delays at land ports of entry; (4) existing border security efforts and technologies and their impacts on trade facilitation and civil rights, private property rights, privacy rights, and civil liberties; (5) economic impacts of CBP agricultural specialists and Office of Field Operations personnel policies and practices; (6) physical infrastructure and technological needs; (7) a plan to increase CBP Office of Field Operations officers certified as emergency medical technicians and medical professionals assigned to land ports of entry; and (8) a plan to increase access at land ports of entry for asylum seekers, trafficking victims, unaccompanied children, and other vulnerable populations. Based on the report, this section further requires the Secretary to establish updated guidelines and standards for managing DHS ports of entry to address identified needs, including if applicable (1) increasing CBP agricultural specialists at ports where delays hinder local or national economies; (2) updating or increasing technology at ports with average delays exceeding 2 hours (per CBP data from the previous fiscal year); (3) publishing rules on document handling; (4) establishing standards of conduct and demeanor for interactions with border crossing card holders and vulnerable populations (e.g., children, human trafficking victims, trauma victims, and the acutely ill); and (5) establishing training courses on management and leadership skills for port supervisors and managers.

This section defines terms related to border security enforcement—including "border security," "checkpoint," "law enforcement official" (i.e., U.S. Customs and Border Protection (CBP) agents or officers or state/local officers under section 287(g) agreements, title IV of the Tariff Act of 1930, or other DHS agreements), "patrol stop," "primary inspection," and "secondary inspection"—and establishes data collection requirements for such enforcement. Specifically, it requires law enforcement officials conducting patrol stops or detentions beyond a brief primary checkpoint inspection to record the date, time, and location; perceived race, gender, ethnicity, and approximate age of the individual; items seized and type of search; outcomes such as arrest or citation; immigration status if obtained routinely; communication method if non-English; body-worn camera usage; and, for state/local officials, the authorizing agreement. It further requires the CBP Commissioner to collect data on checkpoints, including numbers, locations, temporary usage dates, and resource descriptions (e.g., canines, license plate readers). The Secretary of Homeland Security must promulgate implementing regulations within 180 days of enactment, in consultation with stakeholders; compile CBP data and track related complaints and investigations; receive compiled data from other agencies; and consider all data for policy and program decisions. Not later than one year after the regulations' effective date, the Comptroller General must audit compliance and report findings to Congress.

This section requires the Commissioner of U.S. Customs and Border Protection (CBP) to submit to the Senate and House Homeland Security committees, not later than one year after enactment and annually thereafter, a report for each Border Patrol sector assessing (1) optimal means of defending U.S. land borders, including needed intelligence, technology, equipment, personnel, and training; (2) staffing needs for border security functions, accounting for asylum seekers, trafficking victims, unaccompanied children, and other vulnerable populations; (3) roles of federal, state, regional, Tribal, and local authorities and recommendations to improve coordination; (4) methods to preserve the free flow of travel and commerce; and (5) impacts of inadequate CBP staffing at land ports of entry on trade and commerce. This section further requires the CBP Commissioner and ICE Director to jointly submit to the Comptroller General (GAO) and Homeland Security committees, not later than 180 days after enactment and annually thereafter, a report on migrant deaths along the U.S.-Mexico border that includes (1) the number of documented deaths; (2) geographical breakdown; (3) causes of death, to the extent available; (4) contributions of border technology, physical barriers, and enforcement programs; and (5) descriptions and effectiveness assessments of programs to reduce such deaths, including water supply sites and rescue beacons. GAO must review each report within 90 days to evaluate the validity of statistical analyses, adoption of low-cost measures like water sites and beacons, measurement of program effectiveness, and data-sharing cooperation among CBP, ICE, state/local law enforcement, foreign posts, and nongovernmental organizations for identifying deceased migrants, notifying families, and checking missing persons registries. This section directs GAO to complete, not later than one year after enactment, a study and report to Congress examining CBP and ICE efforts to clarify use-of-force policies, including (1) implementation of new training aligned with Department of Homeland Security and federal best practices; (2) identification of alternative weapons, equipment, and protective gear for de-escalation; (3) reviews and reforms to training and tactics; (4) stakeholder engagement frameworks; and (5) metrics to track training effectiveness and review all uses of force for justification and avoidability.

This section prohibits agents or officers of designated law enforcement agencies from removing a child from his or her parent or legal guardian solely to deter migration to the United States or promote compliance with immigration laws. It authorizes such removal, at or near a port of entry or within 100 miles of a U.S. border, if a state court terminates parental rights, determines removal is in the child's best interests under the Adoption and Safe Families Act of 1997, or makes a similar state-law determination; or if a state or county child welfare agency determines the child is in danger of abuse or neglect or poses a danger to self or others. Within 48 hours of removal, the Secretary of Homeland Security must obtain a determination from a qualified child welfare expert (i.e., state- or county-licensed and independent of U.S. Customs and Border Protection) on whether the removal was permissible; if not, the child must be reunited with the parent or legal guardian. The section establishes a cause of action for parents or legal guardians to seek injunctive relief against the Secretary in federal district court for violations; imposes fines of up to $10,000 per knowing violation; and requires DHS to provide the parent or legal guardian with documentation explaining the removal and any related evidence.

This section provides that nothing in the Act limits rights of any parent, legal guardian, or child under existing law, including the settlement agreement in _Ms. L. v. ICE_, No. 18-cv-00428 (S.D. Cal. Dec. 11, 2023), tort remedies under the Federal Tort Claims Act, or any other Act.