R47681 — FEMA Assistance for Migrants Through the Emergency Food and Shelter Program-Humanitarian (EFSP-H) and Shelter and Services Program (SSP)

In FY2022, the U.S. Department of Homeland Security (DHS) had a record high number of enforcement encounters at the U.S.-Mexico border: 2.4 million individuals who either arrived at a port of entry and were determined to be inadmissible, or who entered the United States unlawfully between ports of entry. These migrants were either expelled under Title 42 of the U.S. Code (public health) or placed into removal proceedings under Title 8 of the U.S. Code (immigration). The public health emergency for the Coronavirus Disease 2019 (COVID-19) pandemic ended on May 11, 2023, and expulsions by U.S. Customs and Border Protection (CBP) ceased. Overall encounters by CBP along the southwest border have been lower in FY2023 (through July), relative to the previous fiscal year. New policies on border enforcement following the end of the Title 42 policy are designed to reduce the absolute volume of encounters by U.S. Border Patrol. It is too soon to know the impact that the entire package of policy changes will have over the longer term. CBP has the discretion to release certain migrants processed for removal under Title 8 instead of detaining them while they await removal (deportation) proceedings in immigration court. Once released, many migrants move to other parts of the country. Other migrants may lack the information or resources necessary to immediately travel, and may seek assistance from local organizations close to the border where they are released or when they arrive at their destination point. Congress has recognized that local governments and nonprofit organizations often bear the financial and social burden resulting from an influx of migrants. In FY2019, Congress first enacted legislation authorizing the Federal Emergency Management Agency (FEMA) to provide grants to supplement the humanitarian relief efforts of local government and nonprofit organizations assisting migrants encountered by DHS at the southern border, including through the provision of food, shelter, basic medical care, and transportation. These grants to support migrants were provided through FEMA’s Emergency Food and Shelter Program (EFSP)-Humanitarian or EFSP-H. In FY2023, Congress directed CBP and FEMA to establish a new Shelter and Services Program (SSP) to replace the EFSP-H. The EFSP-H continued to operate while FEMA and CBP worked to establish the new SSP. FEMA and CBP have stated that the plan is to phase out the EFSP-H. DHS/FEMA made the first tranche of SSP funding available in June 2023 and made the second tranche of SSP funding available in August 2023. This report describes current immigration enforcement issues and migration trends at the southern border, as well as recent federal immigration policies. This context provides the backdrop to understanding the circumstances that resulted in the need for increased migrant support, and considerations to address the immigration-related challenges that have arisen since 2019. The focus of this report is the history and function of the EFSP-H and FEMA’s support and oversight of the program. Consideration is also given to the funding and implementation of the SSP. In sum, human migration patterns may shift in direct response to U.S. border policy changes, or political instability or the effects of climate change in migrants’ home countries. Fluctuations in the number of migrants arriving to the southern border seeking asylum could increase or decrease the level of support needed by local government and social service organizations. To that end, Congress is likely to face continuous monitoring of the flexibility and sufficiency of federal programs to meet the needs of newly arrived migrants.

Curated by CRS — every bill listed in this report's relatedMaterials. Edge type cited_in_report, gold confidence.

• HR 4367 — Department of Homeland Security Appropriations Act, 2024 · 118th Cong
• S 2625 — Department of Homeland Security Appropriations Act, 2024 · 118th Cong