McCain-Kyl Bill To Send 6,000 Troops To The Border

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Click here for, among other things, the text of Arizona's new immigration law.
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johnkarls
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McCain-Kyl Bill To Send 6,000 Troops To The Border

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READING LIBERALLY EDITORIAL NOTES: This bill is one of 10 points announced by Senators McCain and Kyl on April 20, 2010 (3 days before the new Arizona state legislation) to try to seal the border. The first item below is a press release regarding the Senate passage of an amendment to increase the number of troops from 3,000 to 6,000. The second item below is the text of the original bill. The third item below is a 4/20/2010 McCain/Kyl press release containing all 10 points.

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SENATE ARMED SERVICES COMMITTEE APPROVES McCAIN AMENDMENT TO SEND 6,000 NATIONAL GUARD TROOPS TO OUR SOUTHWEST BORDER
First Measure of the McCain-Kyl 10-Point Border Security legislation Moves Toward Senate Passage
May 27, 2010

Washington, D.C. – U.S. Senator John McCain (R-AZ) made the following statement today regarding the passage of the Senate Armed Services amendment to immediately send 6,000 National Guard troops to our southwest border:

“I am pleased that the Senate Armed Services Committee today approved my bipartisan amendment to immediately send 6,000 National Guard troops to our southwest border.

“Deploying the National Guard is essential to securing our U.S.-Mexico border. Families living in Arizona should not suffer from the daily threats caused by illegal immigration, drug trafficking, and human smuggling. It is the Federal government’s obligation to protect all Americans by securing the borders, and deploying 6,000 National Guard is a critical first step.”

READING LIBERALLY EDITORIAL NOTES: This bill is one of 10 points announced by Senators McCain and Kyl on April 20, 2010 (3 days before the new Arizona state legislation) to try to seal the border. The text of the original follows immediately below. The 4/20/2010 McCain/Kyl press release containing all 10 points follows immediately thereafter.

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Border Security Enforcement Act of 2010 (Introduced in Senate)
S 3332 IS
111th CONGRESS
2d Session
S. 3332
To implement a comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and violent activity along the southwest border of the United States.
IN THE SENATE OF THE UNITED STATES
May 7, 2010
Mr. MCCAIN (for himself and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL
To implement a comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and violent activity along the southwest border of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the `Border Security Enforcement Act of 2010'.

SEC. 2. DEFINITIONS.
In this Act:
(1) RURAL, HIGH-TRAFFICKED AREAS- The term `rural, high-trafficked areas' means rural areas through which drugs and undocumented aliens are routinely smuggled, as designated by the Commissioner of U.S. Customs and Border Protection.
(2) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
(3) TUCSON SECTOR BORDER- The term `Tucson Sector border' means the 262-mile section of international border between the United States and Mexico that--
(A) begins in Yuma County, Arizona; and
(B) ends at the State boundary line between Arizona and New Mexico.
(4) YUMA SECTOR BORDER- The term `Yuma Sector border' means the 110-mile section of international border between the United States and Mexico that--
(A) begins in Pima County, Arizona; and
(B) ends at the State boundary line between Arizona and California.

SEC. 3. PERSONNEL ENHANCEMENTS.
(a) National Guard-
(1) DEPLOYMENT- In accordance with section 328 of title 32, United States Code, the Governor of Arizona, with the consent of the Secretary of Defense, may--
(A) order 3,000 members of the Arizona National Guard and other National Guard units to perform Active Guard and Reserve duty, by immediately deploying along the Tucson Sector border and the Yuma Sector border; and
(B) construct and maintain appropriate surveillance platforms to facilitate such deployment.
(2) CERTIFICATION- The deployment described in paragraph (1) shall continue until the Governor of Arizona certifies, in consultation with State, local, and tribal law enforcement, that the Federal Government has achieved operational control of the Tucson Sector border and the Yuma Sector border.
(b) United States Customs and Border Protection- Not later than January 1, 2015, the Secretary shall increase the number of trained Border Patrol agents stationed along the Tucson Sector border and the Yuma Sector border by 3,000, compared to the number of agents at such locations as of the date of the enactment of this Act. The Secretary shall make progress in increasing such number of trained Border Patrol agents during each of the years 2010 through 2015.
(c) Hardship Duty Pay- In addition to compensation to which Border Patrol agents are otherwise entitled, Border Patrol agents who are assigned to rural, high-trafficked areas shall be entitled to receive hardship duty pay, in an amount determined by the Commissioner, Customs and Border Protection, which may not exceed the rate of special pay to which members of a uniformed service are entitled under section 310 of title 37, United States Code.

SEC. 4. ENHANCING EXISTING BORDER SECURITY OPERATIONS.
(a) Operation Streamline- There are authorized to be appropriated to the Department of Homeland Security, for each of fiscal years 2010 through 2020, such sums as may be necessary--
(1) to fully implement Operation Streamline along the Tucson Sector border and the Yuma Sector border; and
(2) to reimburse State, local, and tribal law enforcement for any detention costs related to such implementation.
(b) Operation Stonegarden-
(1) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Federal Emergency Management Agency, for each of the fiscal years 2010 through 2020, $100,000,000, which shall be used to enhance law enforcement preparedness and operational readiness along the borders of the United States through Operation Stonegarden.
(2) ALLOCATION- Of the amounts appropriated pursuant to paragraph (1), not less than 90 percent shall be allocated for grants and reimbursement to law enforcement agencies in the States bordering Mexico for personnel, overtime, travel, and other costs related to illegal immigration and drug smuggling along the international border between the United States and Mexico.
(c) Infrastructure Improvements-
(1) BORDER PATROL STATIONS- The Secretary shall--
(A) construct additional Border Patrol stations along the Tucson Sector border, as needed, to provide full operational support in rural, high-trafficked areas; and
(B) analyze the feasibility of creating an additional Border Patrol sector in eastern Arizona and western New Mexico to interrupt drug trafficking operations.
(2) FORWARD OPERATING BASES- The Secretary shall enhance the security of the Tucson Sector border by--
(A) establishing at least 6 additional permanent forward operating bases for the Border Patrol;
(B) upgrading the existing forward operating bases to include modular buildings, electricity, and potable water; and
(C) ensuring that forward operating bases surveil and interdict individuals entering the United States unlawfully immediately after such an individual crosses the international border into the United States.
(3) CHECKPOINTS- The Secretary shall--
(A) complete the construction of a permanent checkpoint near Tubac, Arizona; and
(B) deploy additional temporary roving checkpoints along the Tucson Sector border and the Yuma Sector border.
(4) BORDER FENCE- Section 102(b)(1)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
(A) by inserting `, not later than December 31, 2011,' after `shall'; and
(B) by adding at the end the following: `The Secretary shall construct double- and triple-layer fencing at appropriate locations along the Tucson Sector border and the Yuma Sector border, as determined by the Secretary, after consultation with State, tribal, and local law enforcement agencies.'.
(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated, for each of fiscal years 2010 through 2020, such sums as may be necessary to carry out this subsection.

SEC. 5. MOBILE SURVEILLANCE.
(a) Enhancements- The Commissioner, Customs and Border Protection, shall--
(1) deploy additional mobile surveillance systems and unmanned aerial vehicles along the Tucson Sector border and the Yuma Sector border as necessary to provide 24-hour operation and surveillance;
(2) operate unmanned aerial vehicles along such borders for 24 hours per day and for 7 days per week;
(3) deploy additional fixed-wing aircraft and helicopters along such borders; and
(4) increase horse patrols along the Tucson Sector border.
(b) Authorization of Appropriations- In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to United States Customs and Border Protection $50,000,000 to carry out the activities under subsection (a).

SEC. 6. ACCESS TO EMERGENCY PERSONNEL.
(a) Southwest Border Emergency Communications Grants-
(1) IN GENERAL- The Secretary, in consultation with the Governor of Arizona, shall establish a 2-year grant program, to be administered by the State of Arizona, to improve emergency communications along the Tucson Sector border and the Yuma Sector border.
(2) ELIGIBILITY FOR GRANTS- An individual is eligible to receive a grant under this subsection if the individual demonstrates that he or she--
(A) regularly resides or works near the Tucson Sector border or the Yuma Sector border;
(B) is at greater risk of border violence due to the lack of cellular service at his or her residence or business and his or her proximity to such border.
(3) USE OF GRANTS- Grants awarded under this subsection may be used to purchase satellite telephone communications systems and service that--
(A) can provide access to 911 service; and
(B) are equipped with global positioning systems.
(4) ANNUAL REPORTS- The Governor of Arizona shall submit an annual report to the Secretary on activities carried out with grant funds awarded under this subsection during the previous year. Each such report shall include a description of such activities and an assessment of the effectiveness of such activities.
(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $3,000,000 to carry out the grant program established under this subsection.
(b) Interoperable Communications for Law Enforcement-
(1) FEDERAL LAW ENFORCEMENT- There is authorized to be appropriated $35,000,000 to the Department of Justice--
(A) to purchase P-25 compliant radios, which may include a multi-band option, for Federal law enforcement agents working in Arizona in support of the activities of United States Customs and Border Protection and United States Immigration and Customs Enforcement, including agents of the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives; and
(B) to upgrade the communications network of the Department of Justice to ensure coverage and capacity, particularly when immediate access is needed in times of crisis, along the Tucson Sector border and the Yuma Sector border for appropriate law enforcement personnel of the Department of Justice (including the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives), the Department of Homeland Security (including United States Immigration and Customs Enforcement and United States Customs and Border Protection), other Federal agencies, the State of Arizona, tribes, and local governments.
(2) STATE AND LOCAL LAW ENFORCEMENT-
(A) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $35,000,000 to the Department of Justice to purchase P-25 compliant radios, which may include a multi-band option, for State and local law enforcement agents working in Santa Cruz, Pima, Cochise, Yuma, Pinal, Maricopa, or Graham County in the State of Arizona.
(B) ACCESS TO FEDERAL SPECTRUM- If a State, tribal, or local law enforcement agency in Arizona experiences an emergency situation that necessitates immediate communication with the Department of Justice, the Department of Homeland Security, or any of their respective subagencies, such law enforcement agency shall have access to the spectrum assigned to such Federal agency for the duration of such emergency situation.

SEC. 7. FINANCIAL ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS.
(a) State Criminal Alien Assistance Program-
(1) REIMBURSEMENT REQUIRED- The Attorney General shall fully reimburse States and local governments for the costs incurred by such governments to incarcerate aliens convicted of criminal activity while unlawfully present in the United States, in accordance with section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1251(i)).
(2) AUTHORIZATION OF APPROPRIATIONS- Section 241(i)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1251(i)(5)(C)) is amended by striking `2011' and inserting `2020'.
(b) Southwest Border Prosecution Initiative-
(1) REIMBURSEMENT TO STATE AND LOCAL PROSECUTORS FOR FEDERALLY INITIATED CRIMINAL CASES- Subject to the availability of appropriations, the Attorney General shall reimburse State, county, tribal, and municipal governments for costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local offices of the United States Attorneys.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $50,000,000 for each of the fiscal years 2008 through 2020 to carry out paragraph (1).

SEC. 8. MAGISTRATE JUDGE.
The judges of the United States District Court for the District of Arizona shall appoint 1 full-time magistrate judge, who shall have the authority to hear all cases and controversies in Cochise County, Arizona.

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SENATORS McCAIN AND KYL ANNOUNCE BORDER SECURITY PLAN

10-Point Plan To Better Secure The U.S.-Mexico Border In Arizona

April 20, 2010

Washington, D.C. – U.S. Senators John McCain (R-AZ) and Jon Kyl (R-AZ) were joined today by Arizona Sheriffs Larry Dever, Cochise County and Paul Babeu, Pinal County in introducing a 10-point comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and violent activity along the southwest border.

SENATORS MCCAIN AND KYL’S TEN POINT BORDER SECURITY ACTION PLAN:

1) Immediately deploy 3,000 National Guard Troops along the Arizona/Mexico border, along with appropriate surveillance platforms, which shall remain in place until the Governor of Arizona certifies, after consulting with state, local and tribal law enforcement, that the Federal Government has achieved operational control of the border. Permanently add 3,000 Custom and Border Protection Agents to the Arizona/Mexico border by 2015.

2) Fully fund and support Operation Streamline in Arizona’s two Border Patrol Sectors to, at a minimum, ensure that repeat illegal border crossers go to jail for 15 to 60 days. Where Operation Streamline has been implemented, the number of illegal crossings has decreased significantly. Require the Obama Administration to complete a required report detailing the justice and enforcement resources needed to fully fund this program. Fully reimburse localities for any related detention costs.

3) Provide $100M, an increase of $40M, for Operation Stonegarden, a program that provides grants and reimbursement to Arizona’s border law enforcement for additional personnel, overtime, travel and other related costs related to illegal immigration and drug smuggling along the border.

4) Offer Hardship Duty Pay to Border Patrol Agents assigned to rural, high-trafficked areas, such as the CBP Willcox and Douglas Stations in the Tucson Sector.

5) Complete the 700 miles of fencing along the border with Mexico and construct double- and triple- layer fencing at appropriate locations along the Arizona-Mexico border.

6) Substantially increase the 25 mobile surveillance systems and three Predator B Unmanned Aerial Vehicles (UAVs) in place today along the Arizona/Mexico border and ensure the border patrol has the resources necessary to operate the UAVs 24 hours a day seven days a week. Send additional fixed-wing aircraft and helicopters to the Arizona-Mexico Border.

7) Increase funding for vital radio communications and interoperability between CBP and state, local, and tribal law enforcement to assist in apprehensions along the border.

8) Provide funding for additional Border Patrol stations in the Tucson Sector and explore the possibility of an additional Border Patrol sector for Arizona. Create six additional permanent Border Patrol Forward Operating Bases, and provide funding to upgrade the existing bases to include modular buildings, electricity and potable water. Complete construction of the planned permanent checkpoint in Arizona. Deploy additional temporary roving checkpoints and increase horse patrols throughout the Tucson Sector.

9) Require the Federal government to fully reimburse state and local governments for the costs of incarcerating criminal aliens. Start by at least funding the State Criminal Alien Assistance Program (SCAAP) at its authorized level of $950 million.

10) Place one full-time Federal Magistrate in Cochise County and provide full funding for and authorization of the Southwest Border Prosecution Initiative to reimburse state, county, tribal, and municipal governments for costs associated with the prosecution and pre-trial detention of federally-initiated criminal cases declined by local offices of the United States Attorneys.

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