§ 1116 : OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP VEHICLES WITHOUT A WARRANT AT THE NORTHERN BORDER.

IN GENERAL.—Section 287(a) (8 U.S.C. 1357(a)) is amended—

1.

in paragraph (5), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

2.

by redesignating paragraphs (1) through

3.

as subparagraphs (A) through (C), respectively;

3.

by redesignating paragraphs (4) and (5) as subparagraphs (F) and (G), respectively;

4.

in the matter preceding subparagraph (A), as so redesignated—

A.

by inserting (1) before Any officer;

B.

by striking Service and inserting Department of Homeland Security; and

C.

by striking Attorney General and inserting Secretary of Homeland Security;

5.

in paragraph (1)(C), as so redesignated, by inserting the following at the beginning:except as provided in subparagraphs (D) and (E),;

6.

by inserting after paragraph (1)(C) the following:

D.

with respect to the Northern border, as defined in section 1101 of the Border Security, Economic Opportunity, and Immigration Enforcement Act, within a distance of 25 air miles from the Northern border, or such distance from the Northern border as may be prescribed by the Secretary pursuant to paragraph (2) of this subsection, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;

E.

with respect to the Northern border, as defined in section 1101 of the Border Security, Economic Opportunity, and Immigration Enforcement Act, within a distance of 10 air miles from the Northern border, or such distance from the Northern border as may be prescribed by the Secretary pursuant to paragraph (2) of this subsection, to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;

by inserting after the flush text at the end of subparagraph (F), as so redesignated, the following:

2.

(A)(i) The Secretary of Homeland Security may establish for a Northern border sector or district a distance less than or greater than 25 air miles, but in no case greater than 100 air miles, as the maximum distance from the Northern border in which the authority described in paragraph (1)(C) may be exercised, if the Secretary certifies that such a distance is necessary for the purpose of patrolling the Northern border to prevent the illegal entry of aliens into the United States, and justified by the considerations listed in subparagraph (B).

ii.

The Secretary of Homeland Security may establish for a Northern border sector or district a distance less than or greater than 10 air miles, but in no case greater than 25 air miles, as the maximum distance from the Northern border of the United States in which the authority described in paragraph (1)(D) may be exercised, if the Secretary certifies that such a distance is necessary for the purpose of patrolling the Northern border to prevent the illegal entry of aliens into the United States, and justified by the considerations listed in subparagraph (B).

B.

In making the certifications described in subparagraph (A), the Secretary shall consider, as appropriate, land topography, confluence of arteries of transportation leading from external boundaries, density of population, possible inconvenience to the traveling public, types of conveyances used, reliable information as to movements of persons effecting illegal entry into the United States, effects on private property and quality of life for relevant communities and residents, consultations with affected State, local, and tribal governments, including the governor of any relevant State, and other factors that the Secretary considers appropriate.

C.

A certification made under subparagraph (A) shall be valid for a period of 5 years and may be renewed for additional 5-year periods. If the Secretary finds at any time that circumstances no longer justify a certification, the Secretary shall terminate the certification.

D.

The Secretary shall report annually to the Committee on the Judiciary and Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and Committee on Homeland Security of the House of Representatives the number of certifications made under subparagraph (A), and for each such certification, the Northern border sector or district and reasonable distance prescribed, the period of time the certification has been in effect, and the factors justifying the certification.