S. 481 — Securing our Border Act

This section sets forth congressional findings on U.S. border security and illicit narcotics trafficking, including (1) an estimated 105,007 drug overdose deaths in 2023; (2) scanning rates of only 2% for passenger vehicles and 20% for commercial vehicles at the southern border; (3) more than 1,081,030 passengers and pedestrians processed by U.S. Customs and Border Protection (CBP) in FY2023; (4) CBP seizures of approximately 241,000 pounds of illicit drugs in FY2023 and 275,000 pounds in FY2024; (5) 2,135,005 CBP encounters at the southern border in FY2024; (6) 750 migrant deaths attempting to cross the southern border in FY2022; (7) an immigration court backlog of 3,558,995 cases as of September 30, 2024; (8) 2,371 encounters with potential terrorists at southern and northern border ports of entry since the end of FY2019; and (9) a need for approximately 2,700 additional CBP officers at ports of entry.

This section directs the transfer of one-third of unobligated balances (as of enactment) from amounts made available under section 10301(1)(A)(ii) of P.L. 117-169 (Inflation Reduction Act of 2022) to U.S. Customs and Border Protection (CBP) for nonintrusive inspection systems (i.e., technologies such as X-ray scanners that inspect vehicles and cargo without physical unpacking). The transfer is available from enactment through February 6, 2034, to achieve a 100 percent nonintrusive inspection scanning rate at all northern border and southwest border land ports of entry by that date.

This section transfers two-thirds of the unobligated balances, as of enactment, from amounts made available under section 10301(1)(A)(ii) of P.L. 117-169 to the Department of Homeland Security from the date of enactment through February 6, 2034, for activities related to construction of a southwest border wall system. It further requires the DHS Secretary to submit quarterly reports to the Senate Committees on Appropriations, Finance, and Homeland Security and Governmental Affairs and the House Committees on Appropriations, Ways and Means, and Homeland Security that include (1) an implementation plan with benchmarks related to stemming illegal immigration and (2) cost estimates associated with border wall system construction.

This section authorizes the Commissioner of U.S. Customs and Border Protection (CBP), with Secretary of Homeland Security approval, to provide bonuses to CBP agents as follows: (1) recruitment bonuses of up to $15,000 to newly hired agents after completing basic training and executing a written service agreement; (2) annual retention bonuses of up to 15% of basic pay to Border Patrol agents after each year of satisfactory service; and (3) relocation bonuses of up to 15% of annual basic pay to agents agreeing to transfer and serve at least three years at a new duty station. Bonuses under these authorities are excluded from basic pay calculations for any purpose, including retirement contributions or lump-sum annual leave payments.

This section revises the treatment of aliens arriving from contiguous territory (i.e., Canada or Mexico) who are subject to expedited removal. It replaces discretionary authority to return such aliens to the contiguous territory with a requirement that DHS shall either (1) return the alien to such territory or a safe third country (as described in INA §208) pending removal proceedings under INA §240, or (2) detain the alien for further consideration of an asylum application, including a credible fear determination.