Homeland Security Improvement Act

Key Points

• The bill creates a 30-member Border Oversight Commission with regional subcommittees for the northern and southern borders. Members include local officials, law enforcement, civil rights advocates, tribal officials, and Border Patrol agents, all serving 4-year terms. The commission would evaluate border enforcement policies and recommend improvements that protect community rights.
• A new Ombudsman office would be created inside the Department of Homeland Security to handle complaints about border and immigration enforcement. The office must investigate complaints within one year, provide written outcomes, and maintain a public database of complaints and resolutions. It can also recommend disciplinary action against employees or contractors who violate policies.
• The bill bans taking children from parents solely to deter migration or enforce immigration laws, with exceptions only when a state court or child welfare expert finds the child is in danger. Violators face fines of up to $10,000 per incident, and parents can sue for injunctive relief in federal court.
• CBP agents would be required to complete 19-23 weeks of initial training and 8 hours of continuing education annually, covering de-escalation, civil rights, cultural awareness, and use of force. The training must be conducted by DHS attorneys with Fourth Amendment expertise.
• Law enforcement officials making border stops would have to record detailed data including the person's perceived race, gender, ethnicity, and age, along with descriptions of any searches or seizures. Annual public reports on migrant deaths at the U.S.-Mexico border would also be required.
• The GAO would study the feasibility of creating an independent immigration court system outside the executive branch, with judges serving fixed terms. This could help address the massive backlog of immigration cases and increase judicial independence in immigration proceedings.