H.R. 9310: Department of Homeland Security Appropriations Act, 2027

Department of Homeland Security Appropriations Act, 2027

This bill is primarily focused on providing funding for the Department of Homeland Security for the duration of FY27. However, there are noteworthy riders and provisions that impact immigration policy, particularly by massively expanding guestworker visas. Provisions include-

• Fencing Funding Restrictions (SEC. 210): Reaffirms and extends previous statutory prohibitions against using funds to construct border fencing in certain designated locations;
• Interior Transportation Restrictions (SEC. 225): Blocks the use of funds to transport unlawfully present illegal aliens, paroled, or inadmissible aliens into the interior of the United States for any purpose other than direct immigration enforcement. This exempts unaccompanied alien children;
• Removal to Third Countries (SEC. 564): Formally bars ICE from removing any illegal alien to a third country unless a specific removal order to that country has been issued by an immigration judge;
• Restrictions on Employment Authorization Documents (SEC. 404): Denies the issuance of an EAD or similar work document to any illegal alien whose application for asylum has been denied, or who is convicted of a federal or state crime while their asylum application is pending
• Heightened Credible Fear Standards (SEC. 407): Prohibits funds from being used to find that an alien has a "credible fear of persecution" unless it is determined that the individual more likely than not could establish asylum eligibility and that their supporting statements are true;
• Safe Third Country Transit Ban (SEC. 408): Forbids granting asylum or establishing a credible fear of persecution for any illegal alien who entered or arrived in the U.S. after transiting through at least one third country en route. Exceptions are made if they were a victim of severe human trafficking, were denied protection in a final judgment by that country, or the transit countries were not parties to international refugee treaties;
• H-2B Numerical Exemptions (SEC. 409): Grants numerical cap exemptions for returning H-2B temporary nonagricultural workers in fiscal year 2027 if their employer received valid labor certifications within the preceding five fiscal years. This provision is estimated to add an additional 147,000 H-2Bs on top of the existing 66,000;
• H-2A Agricultural Workers Expansion (SEC. 410): Broadens definitions so that work performed on agricultural operations is explicitly classified as temporary or seasonal agricultural labor, qualifying workers for H-2A admissions for a period not to exceed one year. This would add industries like dairy to the unlimited H-2A program, significantly expanding it;
• New Mobile Entertainment Visa P-iv (SEC. 411): Amends the Immigration and Nationality Act (INA) to create a new "P-iv" nonimmigrant classification for individuals performing essential operations for mobile entertainment providers, subjecting them to the same program and labor requirements as H-2B visas. This has the effect of giving individuals who work at carnivals access to an unlimited visa program, removing them from the existing (capped) H-2B program;
• Sanctuary Jurisdictions Funding Ban (SEC. 544): Denies federal funding or grants to any state political subdivision that limits compliance with 8 U.S.C. 1373 or otherwise hinders the federal government from enforcing immigration laws; and
• 287(g) Agreements (SEC. 216 & SEC. 217): Prohibits any reduction or diminishment of delegated law enforcement authority under Section 287(g) of the INA, unless the DHS Inspector General explicitly finds that the terms of the local agreement have been materially violated;