H.R.5283 Protecting Communities from Failure to Secure the Border Act
Prohibits the use of federal land for housing migrants at the southern border (118th Congress)
View on Congress.govLegal & Constitutional Grounding
Immigrants are incarcerated at half the native-born rate (Cato); bill's security premise contradicts empirical evidence.
- Light, He & Robey, PNAS (Dec. 2020) — native-born Texans 2x more likely arrested for violent crimes, 2.5x for drug crimes, 4x for property crimes vs. undocumented immigrants
- Abramitzky et al., AER: Insights (2024) — immigrants 60% less likely to be incarcerated than U.S.-born; gap persisted for 150 years
- Migration Policy Institute (2024) — comprehensive review confirms immigrants (documented and undocumented) are less likely to commit crimes than native-born citizens
Bill activity
Introduced Aug 25, 2023 by Nicole Malliotakis (R-NY) with 7 original cosponsors. 16 cosponsors as of Oct 26, 2023. Passed the House Nov 30, 2023, 224-203.
- Reached the House floor after the House Committee on Natural Resources reported it (H. Rept. 118-275), under a special rule from the Rules Committee (H.Res.891).
- IntroducedAug 25, 2023
- Passed HouseNov 30, 2023
- Passed Senate
- To President
- Became Law
Latest action Dec 4, 2023: Received in the Senate and Read twice and referred to the Senate Committee on Energy and Natural Resources.
Cosponsors during the cosponsorship window
118th Congress (Jan 2023 to Jan 2025)
Each dot is one cosponsor. Dots stack by sign-on day, or by week when the window is long. The block at the left holds the original cosponsors.
Cosponsorship closed Nov 17, 2023 (118th Congress): the House Natural Resources Committee reported the bill and the Agriculture Committee was discharged.
Activity log
- Introduced in House
- Referred to the House Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the...
7 original cosponsors on the day of introduction
- Anthony D'Esposito R-NY, original
- Byron Donalds R-FL, original
- Dan Newhouse R-WA, original
- Elise M. Stefanik R-NY, original
- Mike Kelly R-PA, original
- Pete Stauber R-MN, original
- Randy K. Weber Sr. R-TX, original
- Tony Gonzales cosponsored (R-TX)
- Christopher H. Smith cosponsored (R-NJ)
- Referred to the Subcommittee on Forestry.House
- Brandon Williams cosponsored (R-NY)
- Harriet M. Hageman cosponsored (R-WY)
- Referred to the Subcommittee on Federal Lands.House
- Cory Mills cosponsored (R-FL)
- Subcommittee Hearings Held.House
3 members cosponsored
- Guy Reschenthaler R-PA
- Lauren Boebert R-CO
- Scott Franklin R-FL
- Committee Consideration and Mark-up Session Held.House
- Subcommittee on Federal Lands Discharged.House
- Committee Consideration and Mark-up Session Held.House
- Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 17.House
- Michael T. McCaul cosponsored (R-TX)
- Reported (Amended) by the House Committee on Natural Resources. H. Rept. 118-275, Part I.
- House Committee on Agriculture discharged.
- Placed on the Union Calendar, Calendar No. 220.House
- Rules Committee Resolution H. Res. 891 Reported to House.
House floor day: vote on the rule (H.Res.891), 2 amendments (15 steps)
- On ordering the previous question Agreed to by the Yeas and Nays: 213 - 205, 1 Present (Roll no. 678).
- Passed/agreed to in House: On agreeing to the resolution Agreed to by recorded vote: 212 - 205, 1 Present (Roll no. 679).
- Considered under the provisions of rule H. Res. 891.
- Rule provides for consideration of H.R. 5283, H.R. 5961 and S.J. Res. 32. The resolution provides for consideration of H.R. 5283 and H.R. 5961 under a structured rule and S. J. Res. 32 under a closed rule. Rule provides for...
- House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 891 and Rule XVIII.
- The Speaker designated the Honorable Lisa C. McClain to act as Chairwoman of the Committee.
- GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5283.
- Amendment (A001) offered by Mr. Ogles. (H.Amdt.811)
- DEBATE - Pursuant to the provisions of H. Res. 891, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 1.
- On agreeing to the Ogles amendment (A001) Agreed to by voice vote. (H.Amdt.811)
- Amendment (A002) offered by Ms. Velazquez. (H.Amdt.812)
- POSTPONED PROCEEDINGS - At the conclusion of debate on the Velazquez amendment No. 2, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Ms. Velazquez demanded a...
- Mr. Westerman moved that the committee rise.
- On motion that the committee rise Agreed to by voice vote.
- Committee of the Whole House on the state of the Union rises leaving H.R. 5283 as unfinished business.
House floor day: 1 amendment, passage (7 steps)
- Considered as unfinished business.
- The House resolved into Committee of the Whole House on the state of the Union for further consideration.
- On agreeing to the Velazquez amendment (A002) Failed by recorded vote: 206 - 223, 1 Present (Roll no. 688). (H.Amdt.812)
- The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5283.
- The previous question was ordered pursuant to the rule.
- The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
- On passage Passed by recorded vote: 224 - 203, 1 Present (Roll no. 689).
- House vote: Passage of the billCounted in grades
Passed, 224-203
Of 16 cosponsors: 15 voted yea, 0 voted nay, 1 not voting.
Member breakdown · Official House roll call 689 - Motion to reconsider laid on the table Agreed to without objection.House
- Received in the Senate and Read twice and referred to the Senate Committee on Energy and Natural Resources.
Votes on this bill
5 votes: 4 recorded roll calls and 1 decided without a recorded vote, 2 of them on amendments. Showing 1 below; 2 procedural votes and 2 amendment votes are behind "Show all 5 votes". Votes counted in grades are marked.
Nov 29, 20232:01 pmHouseVote to end debate on the rule (ordering the previous question)
H.Res.891On ordering the previous question Agreed to by the Yeas and Nays: 213 - 205, 1 Present (Roll no. 678).Agreed to213-205Nay
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 0 | 205 | 0 | 8 |
| Republican | 213 | 0 | 1 | 7 |
| Independent | 0 | 0 | 0 | 0 |
| Total | 213 | 205 | 1 | 15 |
Nov 29, 20232:09 pmHouseVote on the rule (H.Res.891)On agreeing to the resolution Agreed to by recorded vote: 212 - 205, 1 Present (Roll no. 679).Agreed to212-205Nay
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 0 | 205 | 0 | 8 |
| Republican | 212 | 0 | 1 | 8 |
| Independent | 0 | 0 | 0 | 0 |
| Total | 212 | 205 | 1 | 16 |
H.Amdt.811, Andrew OglesOn agreeing to the Ogles amendment (A001) Agreed to by voice vote.Agreed toVoice vote or unanimous consent, no tallyno roll call
Nov 30, 20235:04 pmHouseVote on an amendment
H.Amdt.812, Nydia M. Velazquez: Amendment sought to allow the Interior Secretary to provide housing for specified aliens when the originating state has failed to meet certain criteria.On agreeing to the Velazquez amendment (A002) Failed by recorded vote: 206 - 223, 1 Present (Roll no. 688).Failed206-223Yea
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 206 | 5 | 0 | 5 |
| Republican | 0 | 218 | 1 | 5 |
| Independent | 0 | 0 | 0 | 0 |
| Total | 206 | 223 | 1 | 10 |
Nov 30, 20235:12 pmHousePassage of the billCounted in gradesOn passage Passed by recorded vote: 224 - 203, 1 Present (Roll no. 689).Passed224-203Nay
Counted in grades
Of 16 cosponsors: 15 voted yea, 0 voted nay, 1 not voting. Question voted on: Passage of the bill
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 6 | 203 | 0 | 4 |
| Republican | 218 | 0 | 1 | 3 |
| Independent | 0 | 0 | 0 | 0 |
| Total | 224 | 203 | 1 | 7 |
Amendments
2 amendments: 1 agreed to, 1 failed.
Agreed to (1)
Andrew OglesAn amendment numbered 1 printed in Part A of House Report 118-280 to require a report on the number of specified aliens provided housing on federal lands.Without a recorded vote
Failed (1)
Nydia M. VelazquezAmendment sought to allow the Interior Secretary to provide housing for specified aliens when the originating state has failed to meet certain criteria.Roll 688: 206-223
Cosponsors
16 cosponsored
Sponsor Introduced by Nicole Malliotakis (R-NY) on Aug 25, 2023
| Member | Party/State | Date | Days after introduction | Original | Grade |
|---|---|---|---|---|---|
| Anthony D'Esposito | R-NY | Aug 25, 2023 | 0 | Original | — |
| Byron Donalds | R-FL | Aug 25, 2023 | 0 | Original | F |
| Dan Newhouse | R-WA | Aug 25, 2023 | 0 | Original | F |
| Elise M. Stefanik | R-NY | Aug 25, 2023 | 0 | Original | F |
| Mike Kelly | R-PA | Aug 25, 2023 | 0 | Original | F |
| Pete Stauber | R-MN | Aug 25, 2023 | 0 | Original | F |
| Randy K. Weber Sr. | R-TX | Aug 25, 2023 | 0 | Original | F |
| Tony Gonzales | R-TX | Sep 1, 2023 | 7 | F | |
| Christopher H. Smith | R-NJ | Sep 12, 2023 | 18 | F | |
| Brandon Williams | R-NY | Sep 29, 2023 | 35 | — | |
| Harriet M. Hageman | R-WY | Oct 12, 2023 | 48 | F | |
| Cory Mills | R-FL | Oct 17, 2023 | 53 | F | |
| Guy Reschenthaler | R-PA | Oct 20, 2023 | 56 | F | |
| Lauren Boebert | R-CO | Oct 20, 2023 | 56 | F | |
| Scott Franklin | R-FL | Oct 20, 2023 | 56 | F | |
| Michael T. McCaul | R-TX | Oct 26, 2023 | 62 | F |
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Prohibits use of federal land (NPS, BLM, Forest Service) for housing migrants at the southern border. Restricting emergency shelter options on federal land limits humanitarian response capacity without providing alternative solutions.