Critical Detention Provision in Homeland Security Funding Bill Must Remain in Place   

The House Homeland Security Appropriations bill contains an essential provision that seeks to keep detention beds filled and ensure that illegal aliens are properly monitored. Specifically, Section 224, sponsored by Rep. Michael Cloud (R-TX) and included within Subcommittee Chairman David Joyce’s (R-OH) “En Bloc” amendment (which passed with unanimous Republican support), prioritizes proper detention by making sure the Average Daily Population (ADP) of detainees is maintained at full capacity throughout the fiscal year. It also requires every alien on the non-detained docket to be enrolled into the Intensive Supervision Appearance Program (ISAP) under the Alternatives to Detention (ATD) Program with mandatory GPS monitoring throughout the duration of all applicable immigration proceedings (including any appeals) and until removal, if ordered. Detention is the most effective and efficient manner to deal with illegal migration and allows for swift removals while ensuring due process. 

When properly used in conjunction with traditional detention, ISAP’s mandatory GPS monitoring is far more effective than the current ICE actions of “catch and release”.  Sadly, electronic monitoring it is yet another law enforcement tool that “Abolish ICE” appointees within the Biden Administration are seeking to sideline. Why? Because it significantly increases the likelihood that illegal aliens comply with their immigration proceedings – those enrolled under ISAP have a 99% compliance rate for attending immigration hearings, 93.9% at final immigration court hearings, and only a 5.8% absconder rate.  

Given the strength of this provision, two Democrat amendments that were made in order seek to strike it. Every House Republican must oppose these amendments, no matter how they are packaged on the floor. 

Amendments Seeking to Strike Section 224 

23. Wasserman Schultz (FL) #145 Among other things, strikes Section 224 (requires DHS secretary to prioritize detention to ensure that the average daily population of detainees is maintained at the full capacity funded and ensure that every alien on the non-detained docket is enrolled into the Alternatives to Detention Program with mandatory GPS monitoring. 

25. Escobar (TX) #85 Strikes Section 224 of the bill (requires DHS secretary to prioritize detention to ensure that the average daily population of detainees is maintained at the full capacity funded and ensure that every alien on the non-detained docket is enrolled into the Alternatives to Detention Program with mandatory GPS monitoring). 

White House Opposition to Section 224 

The Biden Administration’s Statement of Administration Policy (SAP) strongly opposes the inclusion of Section 224, underscoring its importance: 

“The Administration also strongly opposes the requirement in the bill for ICE to fill 41,500 detention beds and enroll all non-detained migrants in Alternatives to Detention. These requirements are unrealistic, pose implementation challenges, and would dilute the Department’s focus on protecting America from security threats.” 

Conclusion 

Every illegal alien must be properly detained from initiation at the point of encounter or arrest through the issuance and execution of removal orders. Despite what the Biden Administration says, ramping up detention is an essential means to protect America from security threats and enforce the law. Every House Republican must unite and reject the striking of Section 224.