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H.R.4238 / 109th Congress

Border Security Enforcement and Detention Act of 2005

Referred to the Subcommittee on Immigration, Border Security, and Claims.

Official summary

Version 00 · Introduced in House · Nov 4, 2005

Border Security Enforcement and Detention Act of 2005 - Requires the mandatory detention of illegal aliens apprehended at a U.S. port of entry or along the U.S. land or maritime borders. Permits release with notice to appear only if the alien: (1) is not a security risk; and (2) provides a bond of at least $5,000.

Directs the Secretary of Homeland Security (DHS) to: (1) utilize all available DHS detention facilities; (2) conduct a analysis of all options to increase detention capacities, including the use of state and local correctional facilities, temporary detention facilities, private space, and detention alternatives; (3) expand the use of temporary detention facilities; and (4) report annually on repatriation costs.

Amends the Immigration and Nationality Act to deny admission to the nationals of a country that refuses or delays acceptance of its nationals ordered removed from the United States.

Authorizes FY2007-FY2010 appropriations for border patrol increases.

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Who introduced it

Rep. McCaul, Michael T. [R-TX-10] · R–TX

Committees

  • Judiciary Committee
  • Homeland Security Committee
44 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Immigration, Border Security, and Claims.

  2. Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  3. Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  4. Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  5. Introduced in House

  6. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Aug 15, 2025. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.4238 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.4238 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.4238 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.4238 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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