Transparency of Migration Act

Bill Number

H.R. 299

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-01-09: Referred to the House Committee on the Judiciary.

Last Updated

2025-02-27T19:56:51Z

AI-Generated Summary

Purpose

The Transparency of Migration Act (H.R. 299) aims to increase public transparency regarding the processing of individuals unlawfully present in the United States by U.S. Customs and Border Protection (CBP) and Department of Health and Human Services (HHS) facilities. It requires federal agencies to regularly publish aggregated data on their websites to inform the public about migration enforcement and processing activities.

Key Provisions

• Scope of Coverage: Applies to individuals unlawfully present in the U.S. who are either:
• Apprehended by CBP and sent to federally owned or operated detention centers, or released into the U.S.
• Processed through HHS facilities (which handle unaccompanied minors and other vulnerable migrants).
• Required Information: Agencies must publish the following aggregated data (not identifying specific individuals):
• Daily count of such individuals.
• Their countries of origin.
• Ages and genders.
• U.S. states where they are released or transferred.
• Number and types of any criminal convictions (e.g., felonies or misdemeanors) they have.
• Publication and Updates: The Secretary of Homeland Security (overseeing DHS and CBP) and the Secretary of HHS must post this information on their departments' public websites, with weekly updates.

Significant Changes to Existing Law

• This bill introduces a new mandatory requirement for weekly public disclosure of specific migration processing data, which was not previously required by federal law in this standardized, accessible format.
• It builds on existing reporting obligations under immigration laws (like the Immigration and Nationality Act) but shifts toward proactive, online transparency rather than ad-hoc or internal reporting, potentially reducing reliance on Freedom of Information Act (FOIA) requests for such details.

Potential Impacts

• On Government Agencies: DHS and HHS will need to establish or enhance data collection, aggregation, and website update systems, which could increase administrative workload and costs but improve operational accountability.
• On Citizens: Provides easier public access to factual data on migration flows, potentially aiding oversight, journalism, and community awareness without revealing personal details.
• On International Relations: May influence perceptions of U.S. border management by countries of origin, possibly affecting diplomatic discussions on migration cooperation, though it focuses on domestic transparency rather than foreign policy changes.

Main Stakeholders Affected

• Federal Agencies: Primarily DHS (including CBP) and HHS, responsible for compliance and data management.
• Migrants and Advocacy Groups: Undocumented individuals processed at borders or facilities; non-profits monitoring human rights or immigration could use the data for advocacy.
• The Public and Lawmakers: U.S. citizens, researchers, and Congress benefit from increased transparency to evaluate policy effectiveness.
• State and Local Governments: States receiving released individuals may use the data for resource planning in areas like housing or services.

Notable Legal, Constitutional, or Political Implications

• Legal: Ensures compliance with privacy laws (e.g., under the Privacy Act) by mandating aggregated, non-identifiable data, avoiding individual disclosures that could raise due process concerns.
• Constitutional: Aligns with First Amendment principles by promoting government transparency, but could face challenges if implementation inadvertently risks data breaches affecting migrants' rights.
• Political: Enhances congressional and public oversight of immigration enforcement, potentially fueling debates on border security and migrant treatment; as an introduced bill (referred to the House Judiciary Committee), it reflects priorities in migration policy without immediate enforcement until passed.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Malliotakis, Nicole [R-NY-11]

Recent Actions

• 2025-01-09: Referred to the House Committee on the Judiciary.
• 2025-01-09: Introduced in House
• 2025-01-09: Introduced in House

Bill Versions

• Transparency of Migration Act — issued 2025-01-09 — PDF (3 pages)