Border Security and Migrant Safety Act of 2023

The Secretary of Homeland Security shall establish within the National Targeting Center of U.S. Customs and Border Protection a dedicated intelligence cell focused on sharing information regarding concentrated surges of migrants arriving at the land border of the United States, and illicit smuggling and trafficking that may pose a border security, homeland security, public health, or other threat to the land border of the United States. Such cell shall integrate intelligence capabilities from across the Department of Homeland Security to carry out the following:

(1) Develop intelligence products to improve the Department’s ability to track, prepare for, and manage in a humane and effective manner concentrated surges of migrants arriving along the land border of the United States.

(2) Report on transnational criminal organizations exploiting migrating populations and migration routes to smuggle narcotics and other illicit goods across the land border of the United States.

(3) Support Federal efforts to dismantle or disrupt illicit smuggling and trafficking along the land border of the United States.

(4) Report on communications by transnational criminal organizations and other malicious actors that seek to encourage illicit migrant travel to the United States.

(5) Develop other related intelligence products that support the Department’s border security operations.

Notwithstanding subsection (b)(11) of section 708 of the Homeland Security Act of 2002 (6 U.S.C. 348), not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall, pursuant to such section, establish a departmental Joint Task Force to conduct operations using personnel and capabilities of the Department of Homeland Security to combat human trafficking and smuggling along the land border of the United States for the purpose specified in clause (i) of subsection (b)(2)(A) of such section. Such task force shall—

(A) pay particular attention to transnational criminal organizations that target foreign nationals, particularly children and families, for smuggling and trafficking across the land border of the United States; and

(B) when appropriate, refer to the Attorney General for prosecution border-related criminal activity.

Consistent with subsection (b)(9) of section 708 of the Homeland Security Act of 2002, the Secretary of Homeland Security shall establish and submit to the appropriate congressional committees performance metrics to evaluate the effectiveness of the Joint Task Force established pursuant to paragraph (1). Such performance metrics shall include outcome-based metrics associated with efforts to combat human trafficking and smuggling across the land border of the United States, including information on effectiveness at identifying transnational criminal organizations engaged in such activity, the sharing of information regarding such organizations, efforts to dismantle or disrupt such activity by such organizations, and investigative contributions to the prosecution of such organizations.

Not later than four months after the establishment of the Joint Task Force pursuant to paragraph (1) and every four months thereafter until such Joint Task Force is disbanded by the Secretary of Homeland Security in accordance with paragraph (4), the Director of such Joint Task Force shall report to the appropriate congressional committees on the activities of such Joint Task Force during the preceding four-month period.

The Secretary of Homeland Security shall—

(A) upon establishment of the Joint Task Force pursuant to paragraph (1), report to the appropriate congressional committees the criteria to be applied by the Secretary before making a determination to disband such Joint Task Force; and

(B) not later than 15 days prior to disbanding such Joint Task Force, submit to such committees a justification relating thereto.

In this subsection, the term appropriate congressional committees means the committees specified in subparagraph (F) of section 708(b)(6) of the Homeland Security Act of 2002.

Paragraph (13) of section 708(b) of the Homeland Security Act of 2002 is repealed.

The Secretary of Homeland Security, in coordination with the Secretary of State, shall expand partnership efforts with law enforcement entities in Canada, Mexico, Guatemala, Honduras, and El Salvador to combat human smuggling and trafficking in such countries, including through the following:

(1) Expansion of transnational criminal investigative units to identify, disrupt, dismantle, and prosecute human smuggling and trafficking operations.

(2) Participation in the Bilateral Human Trafficking Enforcement Initiative by U.S. Immigration and Customs Enforcement and the Department of Justice with their Mexican law enforcement counterparts.

(3) Advanced training programs for investigators and prosecutors from such countries.