Senator John McCain and Senator Jon Kyl of Arizona have introduced a new immigration reform bill, the Border Security Enforcement Act of 2010. This latest attempt at immigration reform, focused on the Arizona border, includes the following provisions:

Immigration Reform for Physical Border Protection in Tuscon, AZ & Yuma, AZ

  • Allows the Governor of Arizona, with consent from the Secretary of Defense, to use three thousand National Guard troops to the Tuscon/Yuma border. The immigration reform bill also allows these troops to remain in place until the Arizona Governor certifies that “operational control” has been successfully obtained at the border.
  • The Secretary of the Department of Homeland Security is directed to hire three thousand additional Border Patrol agents to be stationed at the Tuscon/Yuma border by 2015 and can extend hardship pay to CBP agents stationed in high-traffic, rural areas.
  • Provides for budget to implement Operation Streamline at Tucson/Yuma border through 2020 and to reimburse State, local and tribal law enforcement for detention costs.
  • Provides for $100 million per year through 2020 for FEMA for Operation Stonegarden. Ninety percent of funds have to go to states bordering Mexico for grants and reimbursement to law enforcement agencies.
  • DHS must construct stations along the Tuscon border to gain full operational control. Also requires DHS to analyze feasibility of creating additional stations to target drug trafficking.
  • Provides for six more CBP operating bases and upgrading existing operating bases.
  • DHS Secretary must complete permanent checkpoint in Tubac, AZ and deploy temporary roving checkpoints at the Tuscon/Yuma border.
  • Mandates construction of double and triple layer fence along Tucson/Yuma border by 12/31/11.
  • Provides for increased mobile surveillance along Tucson/Yuma border ($50 million) for unmanned aerial vehicles, fixed-winged aircraft, helicopters, and horse patrols.

Immigration Reform for Communication Systems

  • SW border emergency communications grants – gives $3 million for a two year grant program for State of Arizona to improve emergency communications along Tucson/Yuma border. To be eligible, an individual must reside or work near the border and be at greater risk of border violence due to lack of cell service and proximity to the border. The grants are meant to be used to buy satellite phones with GPS and 911 capabilities.
  • Provides $35 million for the Department of Justice (DOJ) to buy radios for Federal law enforcement agents working in Arizona for CBP, ICE, DEA and ATF. Also provides for upgrading the DOJ communications network to ensure coverage and capacity.
  • Provides $35 million for the Department of Justice (DOJ) to buy radios for State and local law enforcement working in Santa Cruz, Pima, Cochise, Yuma, Pinal, Maricopa or Graham Country in Arizona and gives access to DHS or DOJ spectrums

Finances for State and Local Governments for Immigration Reform

  • Attorney General must reimburse state and local governments for incarceration of aliens convicted of criminal activity while unlawfully present through 2020
  • Provides for $50 million per year for ten years for the Attorney General to reimburse state and local governments for prosecution and pre-trial detention of federally initiated criminal cases declined by US attorney local offices.

The immigration reform bill would also give US District Court for District of Arizona funds for one full-time magistrate judge to hear all cases in Cochise County.

The Border Security Enforcement Act of 2010 has been referred to the Committee on Homeland Security and Government Affairs.