S. 3263Senate117th Congress (2021-2023)In Committee

Upholding the Law at Our Border Act

Sponsored by Rick ScottSen. Rick Scott (R-FL)
Introduced November 18, 2021

AI-Generated Summary

Updated February 8, 2026 at 8:09 AM UTC

The Upholding the Law at Our Border Act directs the Department of Homeland Security’s Inspector General to regularly investigate how illegal aliens apprehended along the southwest border are vetted, processed, and released. The IG must report its findings to top officials and congressional committees until monthly apprehensions fall below 35,000 for three straight months. The bill mainly affects DHS, immigration courts, and the individuals detained or released at the border.

Key Provisions

  • The IG must conduct an investigation and submit a report at least every 60 days until apprehensions drop below the set threshold.
  • Reports must cover vetting procedures and the number of in‑person interviews with apprehended aliens.
  • Reports must detail how many illegal aliens were processed and released into the interior of the United States.
  • Reports must include data on parole grants, reasons for parole, and audits of parole applications.
  • Reports must provide statistics on removal proceedings, including numbers removed and those eligible for immigration benefits.
  • Reports must audit asylum applications and expedited removal proceedings, noting outcomes.
  • Reports must track monitoring of released parolees, including notices to report, compliance rates, notices to appear, and any criminal histories.
  • Reports must note releases without participation in alternatives‑to‑detention programs such as ankle monitors.
  • Reports must list the states and counties where DHS or HHS have resettled illegal aliens since January 20, 2021.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

November 18, 2021

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SenateIntro Referral

Introduced in Senate

November 18, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

November 18, 2021

Floor Debate

23 members

What members said about S. 3263 on the floor

11 Republicans11 Democrats1 Independent
Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Dec 1, 2021

Madam President, I ask unanimous consent that the order for the quorum call be rescinded Madam President, I rise today to talk about legislation that we are going to be considering in this month of…

John Cornyn
Sen. John CornynR-TX · Dec 1, 2021

Mr. President, back in September, a small little Texas border town, Del Rio, TX, was thrown into the national spotlight. This is a small town on the U.S.-Mexico border of 35,000 people, and over the…

John Barrasso
Sen. John BarrassoR-WY · Dec 1, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as I was home last week for Thanksgiving, traveling the State of Wyoming, talking to many folks,…

Rick Scott
Sen. Rick ScottR-FL · Dec 1, 2021

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I ask unanimous consent that the Committee on the Judiciary be discharged from further…

Kirsten E. Gillibrand
Sen. Kirsten E. GillibrandD-NY · Dec 1, 2021

Thank you. Thank you so much, Senator. Madam President, I rise to join my colleagues in calling for the Build Back Better bill to include provisions that will solve the problems that working people…

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Ron Wyden
Sen. Ron WydenD-OR · Dec 1, 2021

Madam President, before my colleague leaves, let me just tell him what a wonderful speech he gave. That was the kind of talk we dreamed of back in the days when I was the director of the Oregon Gray…

Mike Lee
Sen. Mike LeeR-UT · Dec 1, 2021

Madam President, I was going to give a speech first. I am now going to invert the order and do my unanimous consent request first in deference to my friend and colleague, the Senator from Rhode…

Angus S. King Jr.
Sen. Angus S. King Jr.I-ME · Dec 1, 2021

Go ahead. I thank the Senator, and I particularly want to thank Senator Casey for his steadfast, dogged perseverance in pursuit of this issue. He has stayed with it. He has advocated for it. He has…

Mitch McConnell
Sen. Mitch McConnellR-KY · Dec 1, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, inflation is hammering working families from coast to coast, but Democrats want to print,…

Patty Murray
Sen. Patty MurrayD-WA · Dec 1, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak as if in morning business. Mr. President, today, abortion…

Cory A. Booker
Sen. Cory A. BookerD-NJ · Dec 1, 2021

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, today should not be a normal day. Today should be a day of national grief and pain and…

James Lankford
Sen. James LankfordR-OK · Dec 1, 2021

Madam President, in reserving the right to object, here is my problem. Yesterday--and I mean yesterday--the Secretary of Defense released out a memorandum. The memorandum was about pay for National…

Maria Cantwell
Sen. Maria CantwellD-WA · Dec 1, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I come to the floor and join my colleague from Washington to support a woman's right to choose…

Show 10 more
Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 1, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, there is a lot of work to get done in this Chamber today and for the rest of the week, and…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Dec 1, 2021

Madam President, I rise this afternoon in support of the freedom-loving people of Ukraine, our friends and our allies in Europe, and in warning to my fellow Americans, to my colleagues, about a…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Dec 1, 2021

Madam President, yesterday, in a hearing before the Senate Banking Committee, the Federal Reserve Chairman Jerome Powell finally confirmed what we have all known for a long time; that the threat of…

Catherine Cortez Masto
Sen. Catherine Cortez MastoD-NV · Dec 1, 2021

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, this morning, the Supreme Court heard arguments about whether it is constitutional for…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Dec 1, 2021

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, it is typical for commentators to talk about how China is no longer really a communist…

Alex Padilla
Sen. Alex PadillaD-CA · Dec 1, 2021

Madam President. Madam President, reserving the right to object, this bill is yet another attempt by our Republican colleagues to stoke fear about the migrations we are seeing at the southern border…

Marco Rubio
Sen. Marco RubioR-FL · Dec 1, 2021

Madam President, in reserving the right to object, let me explain what is going to happen here in a second. We have all heard the stories, right? In China, in the Xinjiang Province, Uighur Muslims…

Jack Reed
Sen. Jack ReedD-RI · Dec 1, 2021

Madam President, reserving the right to object, I object. I also want to thank the Senator from Utah for his consideration. Madam President, I ask unanimous consent that the order for the quorum call…

Ron Johnson
Sen. Ron JohnsonR-WI · Dec 1, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, on Sunday, November 21, 2021, a Christmas parade in Waukesha, WI, meant to usher in a season of…

Tammy Baldwin
Sen. Tammy BaldwinD-WI · Dec 1, 2021

Mr. President, on Sunday, November 21, the joy and celebration of Waukesha's annual Christmas parade was shattered by a horrendous, senseless act of violence that took the lives of six individuals…

Bill Text

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Introduced in SenateIssued November 18, 2021

II

117th CONGRESS

1st Session

S. 3263

IN THE SENATE OF THE UNITED STATES

November 18, 2021

Mr. Scott of Florida (for himself, Mr. Tuberville, Mrs. Blackburn, Mr. Johnson, Mr. Portman, Mr. Lankford, and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To require the Inspector General of the Department of Homeland Security to investigate the vetting and processing of illegal aliens apprehended along the southwest border and to ensure that all laws are being upheld.

1.

Short title

This Act may be cited as the Upholding the Law at Our Border Act.

2.

Investigation and report on vetting and processing of illegal aliens apprehended along the southwest border and ensuring that all laws are being upheld

Not less frequently than every 60 days until there have been fewer than 35,000 apprehensions per month at the southwest border for 3 consecutive months, the Inspector General of the Department of Homeland Security shall conduct an investigation and submit a report and provide a briefing to the President, the Secretary of Homeland Security, the Attorney General, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives regarding, with respect to the period beginning on January 20, 2021—

(1)

the vetting procedures applicable to aliens (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) seeking entry or admission to the United States who were apprehended along the southwest border of the United States, including the process for conducting in-person interviews with such aliens and the number of such interviews that were conducted;

(2)

the total number of illegal aliens who were processed and released into the interior of the United States;

(3)

the number of illegal aliens who received parole (humanitarian or otherwise);

(4)

the results of the audit of parole applications, including the justification for any instances in which parole was granted;

(5)

the total number of illegal aliens who have been placed in removal proceedings pursuant to section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a), including—

(A)

how many have been removed; and

(B)

how many are eligible for any immigration benefit, such as asylum or lawful permanent residence;

(6)

the results of the audit of asylum application under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158);

(7)

the total number of illegal aliens who have been placed in expedited removal proceedings pursuant to section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), including how many have been removed;

(8)

the efforts of the Department of Homeland Security to continually monitor all of the illegal aliens who were apprehended along the southwest border of the United States and then released on parole, including—

(A)

the number who were given a notice to report to a U.S. Immigration and Customs Enforcement office;

(B)

the number who actually reported in compliance with such notice to report;

(C)

the number who were given a notice to appear before an immigration judge; and

(D)

the number who have prior criminal convictions or terms of imprisonment in the United States or outside of the United States;

(9)

the total number of illegal aliens who were processed and released into the interior of the United States without participating in an alternatives to detention program, such as using an ankle monitor or another tracking monitor; and

(10)

the States and counties in which the Department of Homeland Security or the Department of Health and Human Services has resettled illegal aliens since January 20, 2021.