S. 1071: National Defense Authorization Act for Fiscal Year 2026

National Defense Authorization Act for Fiscal Year 2026

This bill is primarily focused on authorizing spending in defense, but it makes small changes to immigration law. It-

• Authorizes the Secretary of Defense to enter into contracts to provide assistance to U.S. Customs and Border Protection at the southern border, including services for detection, monitoring, air transportation, and intelligence analysis;
• Requires the Secretary of Defense to notify Congress within seven days if Department of Defense (DoD) aircraft are used to support alien removal operations, including details on the aircraft, flight hours, costs, and destination countries;
• Mandates that the Secretary of Defense provide written notice to Congress regarding the estimated total number of aliens held at DoD installations and the associated costs every 90 days;
• Requires a semiannual report on DoD operations at the southern land border, including support to civil law enforcement to reduce the cross-border flow of illicit drugs and human trafficking;
• Grants temporary authority (until December 31, 2030) for the admission of nonimmigrant aliens (H-2Bs) to perform construction labor on Wake Island, exempting them from certain visa numerical limitations;
• Codifies that the Assistant Secretary for Consular Affairs is responsible for formulating and implementing policy relating to immigration, the provision of consular services, and the determination of United States citizenship;
• Clarifies that the requirement for automatic registration with the Selective Service System does not apply to aliens lawfully admitted as nonimmigrants as long as they maintain that status (reflecting current law); and
• Imposes visa sanctions on individuals in Haiti and the Western Balkans and state sponsors of terror.